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                                ENGROSSED SUBSTITUTE SENATE BILL NO. 5801

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State of Washington                              50th Legislature                              1987 Regular Session

By Senate Committee on Commerce & Labor (originally sponsored by Senator Warnke)

Read first time 3/6/87.

AN ACT Relating to industrial insurance; and adding new sections to chapter 51.32 RCW.

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

NEW SECTION. Sec. 1.     The legislature finds and declares that by reason of their employment fire fighters are required to work in the midst of smoke, fumes, and toxic or chemical substances.  Fire fighters must also respond to emergencies in a rapid manner to save lives and reduce property damage.  The legislature recognizes that fire fighters as a class have a much higher rate of respiratory disease and heart disease than the general public.  The legislature therefore finds and declares that respiratory and heart disease should be presumed to be occupationally related for industrial insurance purposes for fire fighters.

          The legislature also finds and declares that law enforcement officers are often subject to extreme stress during the course of their employment.  Many law enforcement officers must place themselves in life-threatening positions for the protection of the general public.  The legislature therefore finds and declares that heart disease should be presumed to be occupationally related for law enforcement officers.

NEW SECTION. Sec. 2.     In the case of fire fighters as defined in RCW 41.26.030(4)(a), (b), and (c) who are covered under chapter 51 RCW, there shall exist a prima facie presumption that heart and respiratory disease are occupationally related.  This presumption of occupational disease is rebuttable and evidence of smoking tobacco products shall be given special consideration in favor of rebutting the presumption.

          This presumption shall be extended to a member following termination of service for a period of three calendar months for each year of requisite service, but may not extend more than sixty months following the last date  of employment.

          For purposes of this section, heart disease includes but is not limited to myocarditis, coronary sclerosis, and hypertension.

NEW SECTION. Sec. 3.     In the case of law enforcement officers as defined in RCW 41.26.030(3) who are covered under chapter 51 RCW, there shall exist a prima facie presumption that heart disease is occupationally related.  This presumption of occupational disease is rebuttable and evidence of smoking tobacco products shall be given special consideration in favor of rebutting the presumption.

          This presumption shall be extended to a member following termination of service for a period of three calendar months for each year of requisite service, but may not extend more than sixty months following the last date of employment.

          For purposes of this section, heart disease includes but is not limited to myocarditis, coronary sclerosis, and hypertension.

NEW SECTION. Sec. 4.     Sections 1 through 3 of this act are each added to chapter 51.32 RCW.