Missouri SB 621: Modifies provisions relating to workers' compensation for firefighters

Bill Text

SECOND REGULAR SESSION
SENATE BILL NO. 621
99TH GENERAL ASSEMBLY
INTRODUCED BY SENATOR HUMMEL.
Pre-filed December 1, 2017, and ordered printed.
ADRIANE D. CROUSE, Secretary.
4030S.01I
AN ACT
To repeal section 287.067, RSMo, and to enact in lieu thereof two new sections
relating to workers' compensation for firefighters.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 287.067, RSMo, is repealed and two new sections
2 enacted in lieu thereof, to be known as sections 287.067 and 287.068, to read as
3 follows:
287.067. 1. (1) In this chapter the term "occupational disease" is hereby
2 defined to mean, unless a different meaning is clearly indicated by the context,
3 an identifiable disease arising with or without human fault out of and in the
4 course of the employment. Ordinary diseases of life to which the general public
5 is exposed outside of the employment shall not be compensable, except where the
6 diseases follow as an incident of an occupational disease as defined in this
7 section. The disease need not to have been foreseen or expected but after its
8 contraction it must appear to have had its origin in a risk connected with the
9 employment and to have flowed from that source as a rational consequence.
10 (2) For purposes of this section, "hazardous duty" shall mean any
11 duty performed under circumstances in which an accident could result
12 in serious injury or death, such as duty performed on a high structure
13 where protective facilities are not used or on an open structure where
14 adverse conditions such as darkness, lightning, steady rain, or high
15 wind velocity exist.
16 2. An injury or death by occupational disease is compensable only if the
17 occupational exposure was the prevailing factor in causing both the resulting
18 medical condition and disability. The "prevailing factor" is defined to be the
EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is
intended to be omitted in the law.

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19 primary factor, in relation to any other factor, causing both the resulting medical
20 condition and disability. Ordinary, gradual deterioration, or progressive
21 degeneration of the body caused by aging or by the normal activities of day-to-day
22 living shall not be compensable.
23 3. An injury due to repetitive motion is recognized as an occupational
24 disease for purposes of this chapter. An occupational disease due to repetitive
25 motion is compensable only if the occupational exposure was the prevailing factor
26 in causing both the resulting medical condition and disability. The "prevailing
27 factor" is defined to be the primary factor, in relation to any other factor, causing
28 both the resulting medical condition and disability. Ordinary, gradual
29 deterioration, or progressive degeneration of the body caused by aging or by the
30 normal activities of day-to-day living shall not be compensable.
31 4. "Loss of hearing due to industrial noise" is recognized as an
32 occupational disease for purposes of this chapter and is hereby defined to be a
33 loss of hearing in one or both ears due to prolonged exposure to harmful noise in
34 employment. "Harmful noise" means sound capable of producing occupational
35 deafness.
36 5. "Radiation disability" is recognized as an occupational disease for
37 purposes of this chapter and is hereby defined to be that disability due to
38 radioactive properties or substances or to Roentgen rays (X-rays) or exposure to
39 ionizing radiation caused by any process involving the use of or direct contact
40 with radium or radioactive properties or substances or the use of or direct
41 exposure to Roentgen rays (X-rays) or ionizing radiation.
42 6. (1) Disease of the lungs or respiratory tract, hypotension,
43 hypertension, or disease of the heart or cardiovascular system, including
44 carcinoma, may be recognized as occupational diseases for the purposes of this
45 chapter and are defined to be disability due to exposure to smoke, gases,
46 carcinogens, inadequate oxygen, of paid or volunteer firefighters of a [paid] fire
47 department or paid police officers of a paid police department certified under
48 chapter 590 if a direct causal relationship is established, or psychological stress
49 of firefighters of a [paid] fire department or paid peace officers of a police
50 department who are certified under chapter 590 if a direct causal relationship is
51 established.
52 (2) (a) Cancer contracted by a firefighter shall be presumed as
53 an occupational disease if:
54 a. The firefighter is a paid or volunteer firefighter who has been

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55 assigned to at least five years of hazardous duty as a firefighter;
56 b. The firefighter was exposed to an agent classified by the
57 International Agency for Research on Cancer, or its successor
58 organization as a group 1 or 2A carcinogen, or classified as a cancer
59 causing agent by the American Cancer Society, the Ameri