West Virginia SB 107: Including certain types of cancers for which rebuttable presumption of injury exists for firefighters

Bill Text

SB 107 Text

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Introduced Version

« Senate Bill 107 History

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WEST virginia 
legislature

2021 regular session

Introduced

Senate Bill 107

By Senators Weld, Woelfel, 
Ihlenfeld, Lindsay, Romano, and Caputo

[Introduced February 10, 
2021; referred

to the Committee on Banking and Insurance; and then to the Committee on Finance]

A BILL to amend and 
reenact §23-4-1 of the Code of West Virginia, 1931, as amended, relating to 
compensable diseases of certain firefighters covered by workers’ compensation; establishing 
rebuttable presumption of injury arising out of and in the course of employment 
for certain covered firefighters that develop bladder cancer, mesothelioma, and 
testicular cancer; and providing that the rebuttable presumption expires on July 1, 2025, unless extended by the 
Legislature.

Be it enacted by the 
Legislature of West Virginia:

ARTICLE 4. DISABILITY 
AND DEATH BENEFITS.

§23-4-1. To whom 
compensation fund disbursed; occupational pneumoconiosis and other occupational 
diseases included in “injury” and “personal injury”; definition of occupational 
pneumoconiosis and other occupational diseases; rebuttable presumption for 
cardiovascular injury and disease or pulmonary disease for firefighters.

(a) Subject to the 
provisions and limitations elsewhere in this chapter, workers’ compensation 
benefits shall be paid from the Workers’ Compensation Fund, to the 
employees of employers subject to this chapter who have received personal 
injuries in the course of and resulting from their covered employment or to the 
dependents, if any, of the employees in case death has ensued, according to the 
provisions hereinafter made: Provided, That in the case of any employees 
of the state and its political subdivisions, including: Counties; 
municipalities; cities; towns; any separate corporation or instrumentality 
established by one or more counties, cities or towns as permitted by law; any 
corporation or instrumentality supported in most part by counties, cities or 
towns; any public corporation charged by law with the performance of a 
governmental function and whose jurisdiction is coextensive with one or more 
counties, cities or towns; any agency or organization established by the 
Department of Mental Health, or its successor agencies, for the provision of 
community health or intellectual and developmental disability services and 
which is supported, in whole or in part, by state, county, or municipal funds; 
board, agency, commission, department, or spending unit, including any agency 
created by rule of the Supreme Court of Appeals, who have received personal 
injuries in the course of and resulting from their covered employment, the 
employees are ineligible to receive compensation while the employees are at the 
same time and for the same reason drawing sick leave benefits. The state 
employees may only use sick leave for nonjob-related absences consistent with 
sick leave use and may draw workers’ compensation benefits only where there is 
a job-related injury. This proviso does not apply to permanent benefits: Provided, 
however, That the employees may collect sick leave benefits until receiving 
temporary total disability benefits. The Division of Personnel shall propose 
rules for legislative approval pursuant to §29A-3-1 et seq., of this 
code, relating to use of sick leave benefits by employees receiving personal 
injuries in the course of and resulting from covered employment: Provided 
further, That in the event an employee is injured in the course of and 
resulting from covered employment and the injury results in lost time from work 
and the employee for whatever reason uses or obtains sick leave benefits and subsequently 
receives temporary total disability benefits for the same time period, the 
employee may be restored sic