ARIZONA HOUSE OF REPRESENTATIVES

HB 2161: NOW: occupational diseases; workers' compensation; presumptions

PRIME SPONSOR: Representative Boyer, LD 20

BILL STATUS: Senate Engrossed

                Senate 3^rd Read: 27-3-2-0

Abstract

Relating to cancer presumption and workers' compensation for firefighters and peace officers.

Provisions

1. Adds the following cancers to the list of occupational diseases that would qualify a firefighter or peace officer for workers' compensation:

a. Buccal cavity and pharynx;

b. Esophagus;

c. Large intestine;

d. Lung;

e. Kidney;

f. Prostate;

g. Skin;

h. Stomach;

i. Testicular; and

j. Non-Hodgkin's lymphoma, multiple myeloma and malignant melanoma (Sec. 1)

2. Specifies that cancer presumptions apply to firefighters or peace officers who are diagnosed not more than fifteen years after their last date of employment. (Sec. 1)

3. States that in order for a presumption to be granted, a firefighter must have received a physical examination that is reasonably aligned with NFPA standards. (Sec. 1)

4. Permits a rebuttal to the cancer presumption by a preponderance of the evidence if there is a specific cause of the cancer other than an occupational exposure to a carcinogen. (Sec. 1)

5. Excludes cancers of the respiratory tract from the presumption of compensability if there is evidence that exposure to cigarettes or tobacco products outside the scope of the peace officer's or firefighter's duties is a substantial contributing cause in the development of the cancer. (Sec. 1)

6. Makes technical and conforming changes. (Sec. 1)

Current Law

A.R.S. § 23-901 defines occupational disease as a disease due to causes and conditions characteristic of and peculiar to a particular trade, occupation, process or employment and not the ordinary disease to which the general public is exposed.

A.R.S. § 23-901.01 lists brain, bladder, rectal or colon cancer, lymphoma, leukemia, aden carcinoma or mesothelioma of the respiratory tract as occupational diseases and grants a presumption that an ailment has arisen from employment as a firefighter or peace officer if the firefighter or peace officer passed a physical examination before employment, was assigned to hazardous duty for at least five years and was exposed to a known carcinogen.

Additional Info

The Senate Commerce and Workforce Development and House of Representative's Insurance Committee of Reference met on Tuesday, December 6, 2016 and approved the proposal.

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Fifty-third Legislature                  HB2161

First Regular Session                    Version 4: Senate Engrossed

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