Virginia SB 531: Workers' compensation; presumption of compensability for certain diseases.

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2020 SESSION

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20102297D

SENATE BILL NO. 531 

Offered January 8, 2020 

Prefiled January 7, 2020 

A BILL to amend and reenact � 65.2-402 of the Code of 
 Virginia, relating to workers' compensation; presumption of compensability for 
 certain cancers. 
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Patron-- Vogel 

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Referred to Committee on Commerce and Labor 

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Be it enacted by the General Assembly of Virginia:

1. That � 65.2-402 of the Code of Virginia is amended and 
 reenacted as follows:

� 65.2-402. Presumption as to death or disability from 
 respiratory disease, hypertension or heart disease, cancer.

A. Respiratory diseases that cause (i) the death of volunteer 
 or salaried firefighters or Department of Emergency Management hazardous 
 materials officers or (ii) any health condition or impairment of such 
 firefighters or Department of Emergency Management hazardous materials officers 
 resulting in total or partial disability shall be presumed to be occupational 
 diseases, suffered in the line of duty, that are covered by this title unless 
 such presumption is overcome by a preponderance of competent evidence to the 
 contrary.

B. Hypertension or heart disease causing the death of, or any 
 health condition or impairment resulting in total or partial disability of (i) 
 salaried or volunteer firefighters, (ii) members of the State Police Officers' 
 Retirement System, (iii) members of county, city or town police departments, (iv) 
 sheriffs and deputy sheriffs, (v) Department of Emergency Management hazardous 
 materials officers, (vi) city sergeants or deputy city sergeants of the City of 
 Richmond, (vii) Virginia Marine Police officers, (viii) conservation police 
 officers who are full-time sworn members of the enforcement division of the 
 Department of Game and Inland Fisheries, (ix) Capitol Police officers, (x) 
 special agents of the Virginia Alcoholic Beverage Control Authority appointed 
 under the provisions of Chapter 1 (� 4.1-100 et seq.) of Title 4.1, (xi) for 
 such period that the Metropolitan Washington Airports Authority voluntarily 
 subjects itself to the provisions of this chapter as provided in � 65.2-305, 
 officers of the police force established and maintained by the Metropolitan 
 Washington Airports Authority, (xii) officers of the police force established 
 and maintained by the Norfolk Airport Authority, (xiii) sworn officers of the 
 police force established and maintained by the Virginia Port Authority, and 
 (xiv) campus police officers appointed under Article 3 (� 23.1-809 et seq.) of 
 Chapter 8 of Title 23.1 and employed by any public institution of higher 
 education shall be presumed to be occupational diseases, suffered in the line 
 of duty, that are covered by this title unless such presumption is overcome by 
 a preponderance of competent evidence to the contrary.

C. Leukemia or pancreatic, prostate, rectal, throat, ovarian or, 
 breast, colon, bra