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2020 SESSION

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SB 381 Workers' compensation; presumption of compensability for certain diseases.

Introduced by: Jeremy S. McPike | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Workers' compensation; presumption of compensability for certain diseases. Adds cancers of the colon, brain, or testes to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers' Compensation Act when firefighters and certain employees develop the cancer. The measure also incorporates some of the recommendations of the 2019 study of the workers' compensation system and disease presumptions conducted by the Joint Legislative Audit and Review Commission by (i) reducing the required number of years of service from 12 to five; (ii) removing the requirement that the employee's years of service be continuous; and (iii) providing that an eligible employee may meet the toxic exposure requirement by demonstrating either exposure to a toxic substance, as is currently required, or participation in responses to fire scenes, either during the fire or afterward as part of clean-up or investigation. The measure also removes the definition of a "toxic substance" as one that is a known or suspected carcinogen as defined by the International Agency for Research on Cancer. This bill was incorporated into SB 9.


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