HOUSE
       Amended 2nd Reading
                      March 22, 2007First Regular Session
              Sixty-sixth General Assembly
                    STATE OF COLORADO
                                                  ENGROSSED
               This Version Includes All Amendments Adopted
             on Second Reading in the House of Introduction
 LLS NO. 07-0357.01 Karen Epps           HOUSE BILL 07-1008
                    HOUSE SPONSORSHIP
 Cerbo, 
 
                   SENATE SPONSORSHIP
 Fitz-Gerald, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Business Affairs and Labor
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning workers' compensation coverage for
            firefighters who contract certain types of cancer.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Requires that, under the "Workers' Compensation Act of
       Colorado", if a firefighter contracts cancer of the brain, skin, digestive
       system, hematological system, or genitourinary system, the condition or
       impairment shall be deemed to have occurred within the course and scope
       of employment unless a physical examination of such firefighter shows
       evidence of such condition or impairment that preexisted employment. 
       Requires any denial of a claim arising under this act to be supported by
       clear and convincing medical evidence that the cause of the condition or
       impairment is unrelated to the firefighter's employment.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Part 2 of article 41 of title 8, Colorado Revised
       Statutes, is amended BY THE ADDITION OF A NEW SECTION to
       read:
            8-41-209.  Coverage for occupational diseases contracted by
       firefighters - repeal.  (1)  Death, disability, or impairment of
       health of a firefighter of any political subdivision who has
       completed five or more years of employment as a firefighter,
       caused by cancer of the brain, skin, digestive system,
       hematological system, or genitourinary system and resulting
       from his or her employment as a firefighter, shall be considered
       an occupational disease.
            (2)  Any condition or impairment of health described in
       subsection (1) of this section:
            (a)  Shall be presumed to result from a firefighter's
       employment if, at the time of becoming a firefighter or
       thereafter, the firefighter underwent a physical examination
       that failed to reveal substantial evidence of such condition or
       impairment of health that preexisted his or her employment as
       a firefighter; and
            (b)  Shall not be deemed to result from the firefighter's
       employment if the firefighter's employer or insurer shows by a
       preponderance of the medical evidence that such condition or
       impairment did not occur on the job.
            (3) (a)  On or before March 1, 2009, the division, within
       existing resources and in conjunction with insurance carriers
       providing workers' compensation insurance in Colorado and
       with employers, if self-insured, shall prepare and deliver a
       report to the business affairs and labor committee of the house
       of representatives and the business, labor, and technology
       committee of the senate, or any successor committees, regarding
       the number of claims allowed pursuant to this section and the
       costs associated with those claims.
            (b)  This subsection (3) is repealed, effective March 1, 2008.
            SECTION 2.  Effective date - applicability.  This act shall take
       effect upon passage and shall apply to workers' compensation claims
       submitted on or after said date.
            SECTION 3.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.