Amends TCA Title 7, Chapter 51; Title 50, Chapter 6 and Title 68, Chapter 102.
This bill enacts the "Tennessee Firefighter Cancer Act" to create a rebuttable presumption, in cases where a full-time, paid firefighter who is employed by a state or local government fire department is diagnosed with cancer that causes a disabling health condition, that the firefighter's cancer is a result of the firefighter's duties if the firefighter:<br /> <br /> (1) Has been exposed to heat, smoke, and fumes or carcinogenic, poisonous, toxic, or chemical substances while performing the duties of a firefighter;<br /> (2) Has completed five or more years in any job classification that requires a firefighter to respond to the scene of incidents and extinguish or control fires or fire-related incidents; and<br /> (3) Is subsequently unable to perform the regular duties of a firefighter because of the cancer.<br /> <br /> The presumption created by this bill may be rebutted by a preponderance of the evidence that the cancer was not caused by the firefighter's duties.<br /> <br /> Following a firefighter's termination of service, a firefighter may receive the benefit of the presumption created by this bill for a period of four months for each full year of classified service but is limited to a maximum of 120 months following termination.<br /> <br /> This bill authorizes a state or local government that employs a firefighter to require the firefighter to submit to a pre-employment and annual medical examination that screens for cancer; provided, that the employer pays for the examinations. If an employer requires medical examination pursuant to this bill and the firefighter does not submit to the examination, then the firefighter is not entitled to the presumption created by this bill.<br /> <br /> This bill specifies that a firefighter who is diagnosed with cancer and that firefighter's survivors are entitled to all rights and benefits as granted by state law to which one suffering an occupational injury is entitled as service connected in the line of duty.<br /> <br /> This bill also specifies that it does not affect a person's rights under present law that authorizes Davidson County to create a presumption that a firefighter's cancer is related to the firefighter's occupation, and does not limit any benefit in effect in the state.<br /> <br />
This bill enacts the "Tennessee Firefighter Cancer Act" to create a rebuttable presumption, in cases where a full-time, paid firefighter who is employed by a state or local government fire department is diagnosed with cancer that causes a disabling health condition, that the firefighter's cancer is a result of the firefighter's duties if the firefighter:<br /> <br /> (1) Has been exposed to heat, smoke, and fumes or carcinogenic, poisonous, toxic, or chemical substances while performing the duties of a firefighter;<br /> (2) Has completed five or more years in any job classification that requires a firefighter to respond to the scene of incidents and extinguish or control fires or fire-related incidents; and<br /> (3) Is subsequently unable to perform the regular duties of a firefighter because of the cancer.<br /> <br /> The presumption created by this bill may be rebutted by a preponderance of the evidence that the cancer was not caused by the firefighter's duties.<br /> <br /> Following a firefighter's termination of service, a firefighter may receive the benefit of the presumption created by this bill for a period of four months for each full year of classified service but is limited to a maximum of 120 months following termination.<br /> <br /> This bill authorizes a state or local government that employs a firefighter to require the firefighter to submit to a pre-employment and annual medical examination that screens for cancer; provided, that the employer pays for the examinations. If an employer requires medical examination pursuant to this bill and the firefighter does not submit to the examination, then the firefighter is not entitled to the presumption created by this bill.<br /> <br /> This bill specifies that a firefighter who is diagnosed with cancer and that firefighter's survivors are entitled to all rights and benefits as granted by state law to which one suffering an occupational injury is entitled as service connected in the line of duty.<br /> <br /> This bill also specifies that it does not affect a person's rights under present law that authorizes Davidson County to create a presumption that a firefighter's cancer is related to the firefighter's occupation, and does not limit any benefit in effect in the state.<br /> <br />
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