GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

H                                                                                                                                                   D

HOUSE DRH30214-LR-110  (03/19)

Short Title:        WC/Firefighters'/Presumptive Cancer.		(Public)
Sponsors:	Representatives Saine, Hardister, Boles, and Faircloth (Primary Sponsors).
Referred to:

A BILL TO BE ENTITLED

AN ACT to create a presumption that certain cancers are occupational diseases for firefighters employed by units of local government that are covered by the workers' compensation act.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 97‑53 reads as rewritten:

"§ 97‑53.  Occupational diseases enumerated; when due to exposure to chemicals.enumerated.

(a) Occupational Diseases Due to Exposure to Chemicals. – The following diseases and conditions only shall be deemed to be occupational diseases within the meaning of this Article:

…

(6)        Lead poisoning. Provided poisoning if the employee shall have been was exposed to the hazard of lead poisoning for at least 30 days in the preceding 12 months' period; and, provided further, only 12‑month period. Only the employer in whose employment such employee was last injuriously exposed shall be liable.

…

Occupational diseases caused by chemicals shall be deemed to be due to exposure of an employee to the chemicals herein mentioned only when as a part of the employment such employee is exposed to such chemicals in such form and quantity, and used with such frequency as to cause the occupational disease mentioned in connection with such chemicals.

(b) Occupational Diseases of Firefighters. – Any condition or impairment of health caused by any of the following types of cancers shall be deemed to be occupational diseases of firefighters within the meaning of this Article:

(1) Esophageal.

(2) Intestinal.

(3) Rectal.

(4) Testicular.

(5) Brain.

(6) Non‑Hodgkin's Lymphoma.

(7) Multiple Myeloma.

(8) Mesothelioma.

(9) Oral cavity."

SECTION 2.  Article 1 of Chapter 97 of the General Statutes is amended by adding a new section to read:

"§ 97‑53.1.  Compensability of firefighter occupational diseases.

(a) Findings. – The General Assembly finds that:

(1) Firefighting is a particularly hazardous occupation that requires firefighters to work under constantly changing and often unstable environments.

(2) Firefighters are routinely exposed to hazardous agents such as carbon monoxide, carcinogens, particulate matter, and a broad array of other toxic chemicals generated from the smoke of burning materials.

(3) Firefighters as a class face an increased risk of certain cancers as a result of their duties and responsibilities toward the general public.

(b) Intent. – Recognizing that firefighting is a hazardous occupation that is essential to protecting the personal safety of the citizens of this State, it is in the interest of the public and the welfare of those who perform firefighting activities to ensure that firefighters are adequately compensated for injuries, illnesses, and deaths that are causally related to their firefighting activities. Therefore, it is the intent of the General Assembly to presume that the diseases specified in G.S. 97‑53(b) are occupationally related to firefighting for the purpose of determining eligibility for compensation under the Workers' Compensation Act.

(c) Definitions. – The following definitions apply in this section:

(1) Disability. – Incapacity because of an occupational disease described in G.S. 97‑53(b) to earn the wages that the firefighter was receiving at the time of manifestation of the occupational disease.

(2) Firefighter. – A paid, partially paid, or volunteer member of a fire department of a unit of local government.

(d) Presumed Eligibility. – A firefighter shall be presumed eligible for compensation for occupational disease under this Article if either of the following sets of conditions is met:

(1) The firefighter was required to submit to a physical examination upon entering the service of the unit of local government as a firefighter, the examination failed to reveal any evidence of a firefighter occupational disease described in G.S. 97‑53(b), and the firefighter has completed at least five years of service as a firefighter for the unit of local government.

(2) The firefighter was not required to submit to a physical examination upon entering the service of the unit of local government as a firefighter and, at the time of disability by an occupational disease described in G.S. 97‑53(b), the firefighter has completed at least five years of continuous service immediately preceding January 1, 2015, as a firefighter for the unit of local government.

(e) Burden of Rebuttal. – In the case of the a firefighter occupational disease described in G.S. 97‑53(b), the unit of local government has the burden of proving by a preponderance of competent evidence that the condition was caused by some means other than the firefighter's occupation in order to disqualify the firefighter from receiving compensation for occupational disease pursuant to this section.

(f) Applicability. – This section applies to firefighters of units of local government only."

SECTION 3.  This act is effective when it becomes law and applies to claims for workers' compensation benefits filed on or after that date.