February 25, 2003, Introduced by Reps. Ehardt, Huizenga, Vander Veen and Voorhees and referred to the Committee on Employment Relations, Training and Safety.
A bill to amend 1969 PA 317, entitled
"Worker's disability compensation act of 1969,"
by amending section 405 (MCL 418.405), as amended by 1980
PA 457.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 405. (1) In the
case of a member of a full fully
2 paid fire department of
an airport run by a county road
3 commission in counties
of 1,000,000 population or more or
a
4 public airport authority, or by a state university or college, or
5 of a full fully
paid fire or police department of a city,
6 township, or incorporated village employed and compensated upon a
7 full-time basis, a county sheriff and the deputies of the county
8 sheriff, members of the state police, conservation officers, and
9 officers of the motor
carrier inspectors of the Michigan public
10 service commission enforcement division of the department of
1 state police, "personal
injury" shall be construed to include
2 respiratory includes any of the following:
3 (a) Respiratory and heart diseases or illnesses resulting
4 therefrom which that
develop or manifest themselves during a
5 period while the member of the department is in the active
6 service of the department.
and result from the performance of
7 duties for the
department.
8 (b) Infectious diseases, including, but not limited to, HIV,
9 hepatitis, and tuberculosis, that manifest themselves within 5
10 years of a period that the member of the department was in the
11 active service of the department.
12 (2) Such
respiratory Respiratory and heart diseases or
13 and illnesses and infectious diseases resulting therefrom are
14 deemed considered to arise out of and in the course
of
15 employment in the absence
of affirmative evidence to the
16 contrary of non-work-related causation, that is not merely
17 evidence of a preexisting heart or respiratory disease nor a
18 medical opinion that the occupation had no effect on a previously
19 weakened heart.
20 (3) As a
condition precedent to Before filing an
21 application for benefits,
the a claimant , if he or she is one
22 of those enumerated described in subsection (1) , shall
first
23 make application apply for , and do all things
necessary to
24 qualify for any pension
benefits which that he or she, or his
25 or her decedent, may
be is entitled to or shall demonstrate
26 that he or she, or his or her decedent, is ineligible for any
27 pension benefits. If a final determination is made that pension
1 benefits shall not be awarded or that the applicant, or his or
2 her decedent, is ineligible for any pension benefits, then the
3 presumption of "personal injury" as provided in this section
4 shall apply applies. The employer or employee may
request 2
5 copies of the
determination denying pension benefits, 1 copy of
6 which may be filed
with the bureau.
7 (4) If an employee described in subsection (1) is eligible
8 for any pension benefits, that eligibility shall not prohibit the
9 employee or dependents of that employee from receiving benefits
10 under section 315 for the medical expenses or portion of medical
11 expenses that are not provided for by the pension program. The
12 presumption in subsection (2) shall apply to the medical benefits
13 provided under section 315.