SB 535 — Relating to rebuttable presumption for certain injuries and diseases from employment as firefighter

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 535 By Senators Weld, Stollings, Romano, Lindsay, and Hamilton [Introduced[Originating Marchin 2,the 2021;Committee on Banking and Insurance;

referredreported on March 23, 2021]     A BILL to amend and reenact §23-4-1 of the CommitteeCode onof BankingWest Virginia, 1931, as amended, relating to extending the expiration date of workers’ compensation rebuttable presumptions regarding leukemia, lymphoma, and Insurance;multiple myeloma arising out of and in the course of professional firefighter employment.

and then to the Committee on Finance] A BILL to amend and reenact §23-4-1 of the Code of West Virginia, 1931, as amended, relating to whom Workers’ Compensation Fund is disbursed;

removing the expiration of rebuttable presumptions for certain injuries and diseases for professional firefighters;

and removing expiration of rebuttable presumption regarding leukemia, lymphoma, or multiple myeloma arising out of, and in the course of, employment as a firefighter.

any corporation or instrumentality supported in most part by counties, citiescities, or towns;

any public corporation charged by law with the performance of a governmental function and whose jurisdiction is coextensive with one or more counties, citiescities, or towns;

And provided further, That since the intent of this subsection is to prevent an employee of the state or any of its political subdivisions from collecting both temporary total disability benefits and sick leave benefits for the same time period, nothing in this subsection prevents an employee of the Statestate or any of its political subdivisions from electing to receive either sick leave benefits or temporary total disability benefits, but not both.

(2) The amendments made to this section during the 2018 regular session of the Legislature to include leukemia, lymphoma, or multiple myeloma arising out of and in the course of employment as a firefighter as a rebuttable presumption shall expire on July 1, 2023,2026, unless extended by the LegislatureLegislature. (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.

 (i) NOTE: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.

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Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.

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