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Senate Bill 310 |
Senate Author: Deuell et al. |
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Effective: 9-1-05 |
House Sponsor: Bohac |
Senate Bill 310 amends the Government Code to establish that a paid or volunteer firefighter or an emergency medical technician employed by a political subdivision is presumed to have suffered a disability or death during the course of employment if any of certain medical conditions resulted from the employee's exposure to harmful agents while performing work duties. The medical conditions covered by such a presumption include tuberculosis and other respiratory illnesses, certain types of cancer, a heart attack or stroke, and an injury resulting from an immunization against smallpox or another disease. The presumption applies only to firefighters and emergency personnel who have been employed for at least five years, have had a previous physical examination that showed no evidence of the claimed medical condition, and sought benefits for the condition during their employment, and applies to the determination of benefits or compensation provided under another benefit, law, or plan. The presumption does not create a cause of action or entitle the employee to additional benefits and does not apply to a determination of benefits for the employee's survivors, to a cause of action brought in a state or federal court, to a life or disability insurance policy, or to an employee or spouse who used tobacco products if the disease can be traced to such use. The bill allows a presumption to be rebutted if a preponderance of evidence shows that the condition resulted from a factor unrelated to the employee’s service.