S-4742               _______________________________________________

                                                   SENATE BILL NO. 6752

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senators Smitherman and Talmadge

Read first time 2/12/88 and referred to Committee on Economic Development & Labor.

AN ACT Relating to industrial insurance for fire fighters; amending RCW 51.08.100; amending section 1, chapter 515, Laws of 1987 (uncodified); and adding a new section to chapter 51.32 RCW.

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

        Sec. 1.  Section 1, chapter 515, Laws of 1987 (uncodified) is amended to read as follows:

          The legislature finds that the employment of fire fighters exposes them to smoke, fumes, and toxic or chemical substances.  The legislature recognizes that fire fighters as a class have a higher rate of respiratory disease than the general public.  The legislature therefore finds that respiratory disease should be presumed to be occupationally related for industrial insurance purposes for fire fighters.

The legislature also finds that fire fighters and law enforcement officers are required to respond to emergencies in a rapid manner to save lives, reduce property damage, and protect the public.  As a result, these officers are often subject to extreme mental and physical stress and life-threatening circumstances during the course of their employment.  The legislature therefore finds that the judicial doctrine requiring unusual exertion for compensation in heart attack injuries should be abrogated for these workers.

        Sec. 2.  Section 51.08.100, chapter 23, Laws of 1961 and RCW 51.08.100 are each amended to read as follows:

(1) "Injury" means a sudden and tangible happening, of a traumatic nature, producing an immediate or prompt result, and occurring from without, and such physical conditions as result therefrom.

(2) In the case of fire fighters as defined in RCW 41.26.030(4)(a), (b), and (c) who are covered under Title 51 RCW, and law enforcement officers as defined in RCW 41.26.030(3) who are covered under Title 51 RCW, for the purpose of heart attacks the definition of "injury" shall be construed without regard to whether the member's exertion was usual or unusual.

NEW SECTION. Sec. 3.     Section 1, chapter 515, Laws of 1987 as amended by section 1 of this act is added as a new section to chapter 51.32 RCW.