ASSEMBLY, No. 2978

 

STATE OF NEW JERSEY

 

INTRODUCED MAY 12, 1997

 

 

By Assemblymen KELLY and O'TOOLE

 

 

An Act concerning workers’ compensation for members of paid fire departments and supplementing chapter 15 of Title 34 of the Revised Statutes.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. Any condition or impairment of health of any member of a paid fire department caused by any disease of the respiratory system will be held and presumed to be an occupational disease unless the contrary be made to appear in rebuttal by satisfactory proof; if:

    (a) The disease develops or first manifests itself during a period while the member is an active member of the department;

    (b) The disease develops or first manifests itself not later than the 90th day after the event medically determined to be the cause of the disease; and

    (c) The member underwent a medical examination upon entering service with the fire department or not later than the 180th day following the effective date of this act, and the examination failed to disclose the presence of the disease.

    Nothing in this section shall be construed as limiting, abridging or reducing any rights or remedies available to a member pursuant to R.S.34:15-34.

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    The bill establishes a rebuttable presumption that any condition or impairment of health of any member of a paid fire department caused by any disease of the respiratory system is an occupational disease for the purposes of workers’ compensation; if:

    1. The disease develops or first manifests itself during a period while the member is an active member of the department;

    2. The disease develops or first manifests itself not later than 90 days after the event that causes the disease; and

    3. The member underwent a medical examination upon entering service with the fire department or not later than 180 days after the effective date of this act, and the examination failed to disclose the presence of the disease.

    This bill provides members of paid fire departments with the same workers’ compensation coverage for respiratory occupational disease as is currently provided to members of volunteer fire departments.

 

 

                             

Concerns workers’ compensation for members of paid fire departments.