|BILL AS INTRODUCED||2007-2008|
Introduced by Senator Carris of Rutland District
Subject: Labor; workers' compensation; fire inspectors; presumption of injury; cancer
Statement of purpose: This bill proposes to create a presumption that cancer suffered by a fire inspector is caused by employment.
AN ACT RELATING TO FIRE INSPECTORS AND CANCER CAUSED BY EMPLOYMENT
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 21 V.S.A. § 601(11)(E), and (F) are amended to read:
(E) In the case of a fire inspector, which for the purposes of this section means an arson inspector of the state police or an assistant fire marshal from the department of public safety, or a firefighter, as defined in 20 V.S.A. § 3151(3) and (4), who suffers death or disability from a cancer listed in subdivision (iv) of this subdivision, the firefighter shall be presumed to have suffered the cancer as a result of exposure to conditions in the line of duty, unless it is shown by a preponderance of the evidence that the cancer was caused by non‑service‑connected risk factors or non‑service‑connected exposure, provided:
(i) The fire inspector or firefighter completed an initial and any subsequent cancer screening evaluations as recommended by the American Cancer Society based on the age and sex of the firefighter prior to becoming a firefighter or within two years of the effective date of this act, and the evaluation indicated no evidence of cancer.
(ii) The fire inspector or firefighter was engaged in firefighting duties or other hazardous activities over a period of at least five years in Vermont prior to the diagnosis.
(iii) The presumption shall not apply to any firefighter who has used tobacco products at any time within ten years of the date of diagnosis.
(iv) The disabling cancer shall be limited to leukemia, lymphoma, or multiple myeloma, and cancers originating in the bladder, brain, colon, gastrointestinal tract, kidney, liver, pancreas, skin, or testicles.
(v) The fire inspector or firefighter is under the age of 65.
(F) A fire inspector or firefighter who is diagnosed with cancer within ten years of the last active date of employment as a fire inspector or firefighter shall be eligible for benefits under this subdivision. The date of injury shall be the date of the last injurious exposure as a fire inspector or firefighter.
The Vermont General Assembly
115 State Street