HOUSE OF REPRESENTATIVES

H.B. NO.

2544

TWENTY-NINTH LEGISLATURE, 2018

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO WORKERS' COMPENSATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 386, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§386-    Cancer presumption.  (a)  In any proceeding for the enforcement of a claim for compensation under this chapter, it shall be presumed for all persons who have performed services as a firefighter as defined under section 587D-1 or as a volunteer firefighter as defined under section 386-181 who develop cancer, that the cancer so developing or manifesting itself has arisen out of and in the course of the employment provided:

     (1)  The claimant demonstrates that the claimant was exposed, while in service of their employer, to a known carcinogen as defined by the International Agency for Research on Cancer; and

     (2)  The claim for compensation is filed by the claimant following a period no longer than three calendar months for each full year of the requisite service, but not to exceed 120 months, commencing with the last date employed in the specified capacity.

     (b)  The claimant, or next of kin, shall receive compensation including full medical care, disability indemnity, and death benefits.

     (c)  This presumption is disputable and may be controverted by evidence that the primary site of the cancer has been established and that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer.

     (d)  This section shall be applied to claims for benefits filed or pending on or after July 1, 2018, including, but not limited to, claims for benefits filed on or after that date that have previously been denied, or that are being appealed following denial."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 4.  This Act shall take effect on January 1, 2050.


 


 

Report Title:

Presumption; Firefighters; Volunteer Firefighters; Cancer

 

Description:

Grants the presumption that cancer developed by claimants for worker's compensation who performed services as firefighters or volunteer fighters was developed as a result of their work, provided evidence of exposure to a known carcinogen.  (HB2544 HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.