HOUSE BILL REPORT

ESSB 5801

As Amended by the House

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

Relating to industrial insurance.

House Committe on Commerce & Labor

Majority Report:  Do pass.  (9)

      Signed by Representatives Wang, Chair; Cole, Vice Chair; Fisch, Fisher, R. King, O'Brien, Patrick, Sayan and Walker.

Minority Report:  Do not pass.  (2)

      Signed by Representatives Sanders and C. Smith.

House Staff:Chris Cordes (786-7117)

AS PASSED HOUSE APRIL 15, 1987

BACKGROUND:

Some studies indicate that fire fighters have a much higher incidence of respiratory and heart disease than the general population.  It has been suggested that this finding may be correlated with the exposure occurring to fire fighters from extreme heat and cold, smoke, fumes, toxic substances, and stress in the course of their work.  Likewise, law enforcement officers are often subject to extreme stress because of potential life-threatening situations in which their work places them.

Several states have enacted presumptions that certain illnesses suffered by fire fighters and law enforcement officers are occupational diseases for industrial insurance purposes. The Joint Select Committee on Industrial Insurance recommended that such a presumption be enacted in Washington for law enforcement officers and fire fighters.

Under the Washington industrial insurance system, a work-related heart attack may not be regarded as an industrial injury unless the worker can demonstrate that the exertion precipitating the heart attack was more than a routine activity usual to the worker's occupation.  This judicial doctrine of "unusual exertion" often prevents a fire fighter or law enforcement officer from recovering benefits after a heart attack because strenuous exertion is generally considered to be usual in these occupations.  The Joint Select Committee on Workers' Compensation in 1984 and the Joint Select Committee on Industrial Insurance in 1985 recommended abrogation of the unusual exertion doctrine.

SUMMARY:

A rebuttable presumption is established that respiratory disease suffered by fire fighters is an occupational disease for industrial insurance purposes. The presumption only applies to persons who established membership in the Law Enforcement Officers and Fire Fighters' Retirement System after September 30, 1977 (LEOFF II). The presumption may be rebutted by a preponderance of controverting evidence, including use of tobacco products, weight and physical fitness, hereditary factors, and other factors.  The presumption is extended to LEOFF II members 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 LEOFF II fire fighters and law enforcement officers, the definition of injury for the purposes of determining workers' compensation coverage in heart attack cases is to be construed without regard to whether the member's exertion was usual or unusual.

Fiscal Note:      Attached.

House Committee ‑ Testified For:    Jim Cason, Washington State Council of Fire Fighters;  Dick Warbrouck, Seattle Fire Fighters; Charlie Marsh, Washington State Council of Police Officers.

House Committee - Testified Against:      Adne Benestad, Clark County; Kathleen Collins, Association of Washington Cities.

House Committee - Testimony For:    Fire fighters and police officers are exposed to toxic and hazardous substances and unusual stresses during the course of their employment.  These unusual working conditions result in higher mortality and disability rates compared to other occupations.  The workers' compensation system should recognize these work-related hazards.

House Committee - Testimony Against:      There is no conclusive proof that the hazards of public safety employees result in higher death or disability rates.  These employees should be required to establish that their disability is work- related on the same basis as other employees.