HB 783

            
2020 SESSION

20106358D

HOUSE BILL NO. 783

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the House Committee on Labor and Commerce)

(Patron Prior to Engrossment--Delegate Askew)

House Amendments in [ ] � February 3, 2020

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

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
any of the following persons who have completed five years of service in their
position as (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, brain, or testicular cancer causing the
death of, or any health condition or impairment resulting in total or partial
disability of, any volunteer or salaried firefighter, Department of Emergency
Management hazardous materials officer, commercial vehicle enforcement officer
or motor carrier safety trooper employed by the Department of State Police, or
full-time sworn member of the enforcement division of the Department of Motor
Vehicles having completed 12 five years of continuous
service who has a contact with a toxic substance encountered in the line of
duty shall be presumed to be an occupational disease, suffered in the line
of duty, that is covered by this title, unless such presumption is overcome by
a preponderance of competent evidence to the contrary. For the purposes of
this section, a "toxic substance" is one which is a known or
suspected carcinogen, as defined by the International Agency for Research on
Cancer, and which causes, or is suspected to cause, leukemia or pancreatic,
prostate, rectal, throat, ovarian or breast cancer. [ For colon, brain,
or testicular cancer, the presumption shall not apply for any individual who
was diagnosed with such a condition before July 1, 2020. ] 

D. The presumptions described in subsections A, B, and C shall
only apply if persons entitled to invoke them have, if requested by the private
employer, appointing authority or governing body employing them, undergone
preemployment physical examinations that (i) were conducted prior to the making
of any claims under this title that rely on such presumptions, (ii) were
performed by physicians whose qualifications are as prescribed by the private
employer, appointing authority or governing body employing such persons, (iii)
included such appropriate laboratory and other diagnostic studies as the
private employer, appointing authorities or governing bodies may have
prescribed, and (iv) found such persons free of respiratory diseases,
hypertension, cancer or heart disease at the time of such examinations.

E. Persons making claims under this title who rely on such
presumptions shall, upon the request of private employers, appointing
authorities or governing bodies employing such persons, submit to physical
examinations (i) conducted by physicians selected by such employers,
authorities, bodies or their representatives and (ii) consisting of such tests
and studies as may reasonably be required by such physicians. However, a
qualified physician, selected and compensated by the claimant, may, at the
election of such claimant, be present at such examination.

F. Whenever a claim for death benefits is made under this
title and the presumptions of this section are invoked, any person entitled to
make such claim shall, upon the request of the appropriate private employer, appointing
authority or governing body that had employed the deceased, submit the body of
the deceased to a postmortem examination as may be directed by the Commission.
A qualified physician, selected and compensated by the person entitled to make
the claim, may, at the election of such claimant, be present at such postmortem
examination.

G. Volunteer emergency medical services personnel, volunteer
law-enforcement chaplains, auxiliary and reserve deputy sheriffs, and auxiliary
and reserve police are not included within the coverage of this section.

H. For purposes of this section, "firefighter"
includes special forest wardens designated pursuant to � 10.1-1135 and any
persons who are employed by or contract with private employers primarily to
perform firefighting services.