SENATE BILL REPORT

ESSB 5801

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

Relating to industrial insurance.

Senate Committee on Commerce & Labor

Senate Hearing Date(s):March 5, 1987

Majority Report:  That Substitute Senate Bill No. 5801 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Warnke, Chairman; Smitherman, Vice Chairman; Tanner, Vognild, West, Williams.

Senate Staff:Bill Lynch (786-7427)

                  April 16, 1987

AS PASSED SENATE, MARCH 18, 1987

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:

There is a rebuttable presumption that heart or respiratory disease suffered by fire fighters is occupationally related for industrial insurance purposes.  There is a rebuttable presumption that heart disease suffered by law enforcement officers is occupationally related for industrial insurance purposes.  The presumptions only apply to people who established membership in the Law Enforcement Officers and Fire Fighters' Retirement System after September 30, 1977 (LEOFF II).  The smoking of tobacco products is to be considered as a factor in rebutting the presumption.

Both presumptions are extended to members following termination of service for a period of three calendar months for each year of requisite service.  The presumptions may not extend more than 60 months following the last date of employment.

Fiscal Note:      none requested

Senate Committee - Testified: Kathleen Collins, AWC; Jim Cason, firefighter

HOUSE AMENDMENT:

A rebuttable presumption that respiratory disease is an occupational disease is established for fire fighters.  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 that heart disease is an occupational disease for fire fighters and law enforcement officers is deleted.  Fire fighters and law enforcement officers do not have to demonstrate that there was an unusual exertion in order to have a compensable claim for a heart injury.