FINAL BILL REPORT

HB 1490

C 108 L 19

Synopsis as Enacted

Brief Description: Amending the application of the occupational disease presumption for cancer for Hanford site workers.

Sponsors: Representatives Ormsby, Sells, Tarleton, Doglio and Pollet; by request of Attorney General.

House Committee on Labor & Workplace Standards

Senate Committee on Labor & Commerce

Background:

Under the state's Industrial Insurance Act, employers must insure through the state fund administered by the Department of Labor and Industries (L&I) or, if qualified, may self-insure. Workers who, in the course of employment, are injured or disabled from an occupational disease are entitled to benefits. Depending on the injury or disability, workers are entitled to medical, temporary time-loss, and vocational rehabilitation benefits, as well as benefits for permanent disabilities. An occupational disease is a disease or infection that has arisen naturally and proximately out of employment.

For United States Department of Energy (USDOE) Hanford site workers, there is a prima facie presumption that certain diseases and conditions are occupational diseases. The presumption may be rebutted by clear and convincing evidence. The prima facie presumption applies to a number of diseases and conditions, including the following cancers:

• leukemia;

• certain primary or secondary lung cancer;

• certain primary or secondary bone cancer;

• primary or secondary kidney cancer;

• lymphomas, other than Hodgkin's disease;

• Waldenstrom's macroglobulinemia and mycosis fungoides; and

• primary cancer of the thyroid, breast, esophagus, stomach, pharynx, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary bladder, brain (with limitations), colon, ovary, and liver (with limitations).

The presumption established for cancer only applies to any active or former USDOE Hanford site worker who:

• has cancer that develops or manifests itself; and

• was given a qualifying medical examination upon becoming a USDOE Hanford site worker that showed no evidence of cancer.

A USDOE Hanford site worker includes any person, including a contractor or subcontractor, who was engaged in the performance of work, either directly or indirectly, for the United States, regarding projects and contracts at the Hanford Nuclear Site and who worked on the Hanford site at the 200 east, 200 west, 300 area, Environmental Restoration Disposal Facility site, central plateau, or the river corridor locations for at least one eight-hour shift while covered under the state's industrial insurance laws.

Summary:

The presumption established for cancer is amended to also apply to any active or former USDOE Hanford site worker who has cancer that develops or manifests itself and who was not given a qualifying medical examination because a qualifying medical examination was not required.

Votes on Final Passage: