SB 1616

As described below, this bill makes applicable to certain arson investigators provisions regarding compensation for injury or death, and certain presumptions that such injury or death was suffered in the course of employment, that currently apply to certa in firefighters. DISEASE OF THE LUNGS, HYPERTENSION, AND HEART DISEASE Present law generally provides that whenever this state, or a political subdivision of this state, maintains a fire department manned by regular and full-time employees and establishes a form of compensation, other than workers' compensation, to be paid t o such firefighters for a condition or impairment of health that results in loss of life or personal injury in the line of duty or course of employment, then there is a presumption that such an impairment caused by disease of the lungs, hypertension , or he art disease resulting in hospitalization, medical treatment, or disability, occurred or is due to accidental injury suffered in the course of employment , unless the contrary is shown by competent medical evidence. Additionally, such a condition or impairment of health that results in death is presumed, unless the contrary is shown by competent medical evidence, to be a loss of life in the line of duty; to have been in the line and course of employment; to have been in the actual discharge of the duties of such firefighter's position, or to have resulted in sustained personal injuries by external and violent means or by accident in the course of employment and in the line of duty. However, such firefighter must have successfully passed a physical examination prior to the claimed disability or upon entering upon governmental employment, and the examination must not reveal evidence of the condition or disease of the lungs, hypertension, or heart disease. This bill defines "firefighter, as used in the above provisions, to mean a full-time, paid employee of a fire department of the state or a political subdivision of the state, and to specifically includ e an arson investigator who is employed by the Tennessee bureau of investigation (TBI) or is a sworn deputy of a county sheriff's department. CANCER Present law also provides that whenever this state, or a political subdivision of this state, maintains a fire department and establishes a form of compensation to be paid to firefighters for a condition or impairment of health that results in loss of lif e or personal injury in the line of duty or course of employment, there is a presumption that a condition or impairment caused by all forms of Non-Hodgkin's Lymphoma cancer, colon cancer, skin cancer, leukemia, testicular cancer, prostate cancer, breast c a ncer, pancreatic cancer, or multiple myeloma cancer resulting in hospitalization, medical treatment, or disability, has arisen out of employment, unless the contrary is shown by competent medical evidence. Such a condition or impairment that results in d eath is presumed to be a loss of life in the line of duty, to have arisen out of employment, and to have been in the actual discharge of the duties of the firefighter's position, unless the contrary is shown by a physician board certified in oncology. Se co ndary employment or lifestyle habits may be considered when determining whether this presumption applies. Present law provides the following with regard to a firefighter wanting to utilize the above presumption:  For Non-Hodgkin's Lymphoma cancer, colon cancer, skin cancer, or multiple myeloma cancer, the firefighter must obtain a physical medical examination after July 1, 2019, paid for by the employer's health benefits plan at no cost to the employee, and the examination must include a cancer screening that does not reveal evidence of such cancers .  For leukemia or testicular cancer, the firefighter must obtain a physical medical examination after July 1, 2022, paid for by the employer's health benefits plan at no cost to the employee, and the examination must include a cancer screening that does not reveal evidence of leukemia or testicular cancer .  F or prostate cancer, breast cancer, or pancreatic cancer, the firefighter must obtain a physical medical examination after July 1, 2025, and the examination must include a cancer screening that fails to reveal any evidence of prostate cancer, breast cancer, or pancreatic cancer .  The firefighter must obtain annual physical medical examinations, paid for by the employer's health benefits plan at no cost to the employee, that include cancer screenings for the specific types of cancer listed above .  A firefighter must have been exposed to heat, smoke, and fumes, or carcinogenic, poisonous, toxic, or chemical substances, while performing the duties of a firefighter in the firefighter's capacity as an employee and must have completed five or more consecutive years in service with an eligible fire department. A firefighter may utilize the above presumption for up to five years after the firefighter's most recent date of exposure. Present law defines a ""firefighter"" in the above provisions to mean a full-time, paid employee of a fire department of the state or a political subdivision of the state. This bill rewrites the definition of ""firefighter"" to specifically include an arson investigator who is employed by the TBI or is a sworn deputy of a county sheriff's department."