FINAL BILL REPORT

SSB 5801

PARTIAL VETO

                                  C 515 L 87

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

Relating to industrial insurance.

Senate Committee on Commerce & Labor

House Committe on Commerce & Labor

SYNOPSIS AS ENACTED

BACKGROUND:

Fire fighters have a much higher incidence of respiratory and heart disease than the general population.  Fire fighters are exposed to extreme heat and cold, smoke, fumes, and toxic substances in the course of their work.  Likewise, law enforcement officers are often subject to extreme stress because of potential life-threatening situations in which they are placed.

Many states have statutes which create a presumption 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 created for law enforcement officers and fire fighters.

Washington is one of the few states which require a person to demonstrate that there was an unusual exertion in order to recover for a heart injury claim.

SUMMARY:

A rebuttable presumption that respiratory disease is an occupational disease is established for fire fighters who established membership in the Law Enforcement Officers and Fire Fighters' Retirement System on or after October 1, 1977 (LEOFF II).  The presumption may be rebutted by a preponderance of the evidence.  Evidence which may be used to rebut the presumption includes the use of tobacco products, physical fitness and weight, lifestyle, hereditary factors, and exposure from other employment or nonemployment activities.  The presumption is extended to members following termination of service for a period of three calendar months for each year of requisite service.  The presumption may not extend more than 60 months following the last date of employment.

Fire fighters and law enforcement officers who are members of LEOFF II do not have to demonstrate that there was an unusual exertion on the job in order to have a compensable claim for a heart injury.

VOTES ON FINAL PASSAGE:

      Senate    27    20

      House 68  30 (House amended)

      Senate    30    17 (Senate concurred)

EFFECTIVE:July 26, 1987

Partial Veto Summary:  Language that eliminates the unusual exertion requirement in heart attack cases for fire fighters and law enforcement officers to qualify for a claim is vetoed.  (See VETO MESSAGE)