2017 -- H 5881 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO TOWNS AND CITIES -- FIREFIGHTER DISABILITY

     

     Introduced By: Representatives Craven, Amore, Marshall, and Edwards

     Date Introduced: March 09, 2017

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 45-19 of the General Laws entitled "Relief of Injured and Deceased

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Fire Fighters and Police Officers" is hereby amended by adding thereto the following section:

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     45-19-16.1. Presumption of cardiovascular disability in the line of firefighting duty.

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     Notwithstanding the provisions of any general or special law to the contrary, any active

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firefighter, as defined in ยง45-19-l, who has been a firefighter for at least three (3) years, including

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their one year probation period, and who is unable to perform their duties in the fire department

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because of an impairment of health caused by stroke or heart disease, is presumed to have

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suffered an in-the-line-of-duty disability, unless the contrary be shown by clear and convincing

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evidence, as a result of the inhalation of noxious fumes or poisonous gases, physically demanding

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work, traumatic stress, and related factors associated with firefighting; provided however, that the

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person benefiting from the presumption had passed a physical examination upon entry into

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service, which failed to reveal any evidence of the condition, so long as the physical examination

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was required. If the examination was not required, the person may benefit from the presumption.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- FIREFIGHTER DISABILITY

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     This act would create a work disabling presumption for any firefighter who passed a

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physical examination upon entry into service, has been an active firefighter for at least three (3)

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years, and who later contracts disabling heart disease or a stroke.

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     This act would take effect upon passage.

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