SB 79 — Relating to compensable diseases of certain firefighters covered by workers' compensation

WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Committee Substitute for Senate Bill 79 ByBY SenatorSENATOR Weld,WELD, Hamilton,HAMILTO, Woelfel,WOELFEL, Queen,UEEN Barrett,, andB OliverioARRETT,ANDO LIVERIO [Originating in the Committee on GovernmentFinance; Organization;

reported on JanuaryFebruary 13,21, 2023] CS for CS for SB 79 A BILL to amend and reenact §23-4-1 of the Code of West Virginia, 1931, as amended, relating to compensable diseases of certain firefighters covered by workers’ compensation;

and providing thatfor theconditions rebuttableof presumption expires on July 1, 2026, unless extended by the Legislature.presumption;

and providing that the rebuttable presumption expires on July 1, 2027, unless extended by the Legislature.

(a) Subject to the provisions and limitations elsewhere in this chapter, workers'workers’ compensation benefits shall be paid from the Workers'Workers’ Compensation Fund, to the employees of employers subject to this chapter who have received personal injuries in the course of and resulting from their covered employment or to the dependents, if any, of the employees in case death has ensued, according to the provisions hereinafter made:

board, 1CS for CS for SB 79 agency, commission, department, or spending unit, including any agency created by rule of the Supreme Court of Appeals, who have received personal injuries in the course of and resulting from their covered employment, the employees are ineligible to receive compensation while the employees are at the same time and for the same reason drawing sick leave benefits.

This proviso does not apply totopermanent permanent benefits:

(b) For the purposes of this chapter, the terms "injury" and "personal injury" include occupational pneumoconiosis and any other occupational disease, as hereinafter defined, and workers'workers’ compensation benefits shall be paid to the employees of the employers in whose 2CS for CS for SB 79 employment the employees have been exposed to the hazards of occupational pneumoconiosis or other occupational disease and have contracted occupational pneumoconiosis or other occupational disease, or have suffered a perceptible aggravation of an existing pneumoconiosis or other occupational disease, or to the dependents, if any, of the employees, in case death has ensued, according to the provisions hereinafter made:

The term "occupational pneumoconiosis" includes, but is not limited to, such diseases as silicosis, anthracosilicosis, coal worker’s pneumoconiosis, commonly known as black lung or miner'sminer’s asthma, silicotuberculosis (silicosis accompanied by active tuberculosis of the lungs), coal worker'sworker’s pneumoconiosis accompanied by active tuberculosis of the lungs, asbestosis, siderosis, anthrax, and any and all other dust diseases of the lungs and conditionsCS andfor 3 CS for SB 79 conditions and diseases caused by occupational pneumoconiosis which are not specifically designated in this section meeting the definition of occupational pneumoconiosis set forth in this subsection.

An application for benefits on account of an occupational disease shall set forth the name of the CS for CS for SB 79 employer or employers and the time worked for each.

The commission may allocate to and divide any charges 4 CS for SB 79 resulting from the claim among the employers by whom the claimant was employed.

and (C) in the case of the development of leukemia, lymphoma, or multiple myeloma, bladder cancer, mesothelioma, or testicular cancer, the person has been actively employed by a fire department as a professional firefighter for a minimum of five years in the state prior to the development of leukemia, lymphoma, or multiple myeloma, bladder cancer, mesothelioma, or testicular cancer, has not used tobacco products for at least 10 years has not used tobacco products more than six times in a calendar for at least 10 years, and is not over the age of 65 years.

The amendments made to this section during the 2023regular Regularsession Session of the LegislatureLegislature, 2023, to include bladder cancer, mesothelioma or testicular cancer arising out of and CS for CS for SB 79 in the course of employment as a firefighter as a rebuttable presumption expire on July 1, 2027, unless extended by the Legislature.

5 CS for SB 79 (i) Claims for occupational disease as defined in §23-4-1(f) of this code, except occupational pneumoconiosis for all workers and pulmonary disease and cardiovascular injury and disease for professional firefighters, shall be processed in like manner as claims for all other personal injuries.