SPONSOR:	Rep. Ennis & Rep. Lee & Sen. Simpson & Sen. Vaughn
	Reps. Carey, Ewing, Gilligan, Hall-Long, Kowalko, McWilliams, Mitchell, Oberle, Outten, Spence, Williams; Sens. Cloutier, Connor

HOUSE OF REPRESENTATIVES

144th GENERAL ASSEMBLY

HOUSE BILL NO. 166

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE PERTAINING TO LINE-OF-DUTY DISABILITY BENEFITS TO COVERED FIREFIGHTERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 67, Title 18 of the Delaware Code by adding a new section to read as follows:

"§6709. Presumption – Covered Firefighters

(a) Heart disease, hypertension and lung disease – A covered firefighter is presumed to have an occupational disease that was suffered in the line of duty and is covered under this chapter if:

(1) the individual has heart disease, hypertension or lung disease;

(2) the heart disease, hypertension or lung disease results in permanent disability as defined in §6701(3) of this chapter; and

(3) the individual has met a suitable standard of physical examination before becoming a covered firefighter.

(b) Cancer – A covered firefighter is presumed to have an occupational disease that was suffered in the line of duty and is covered under this chapter if:

(1) that individual has leukemia or pancreatic, prostate, lung, bladder, rectal or throat cancer that is caused by contact with a toxic substance that the individual has encountered in the line of duty;

(2) that individual has been a covered firefighter for at least 5 years; and

(3) that individual has met a suitable standard of physical examination before becoming a covered firefighter."

SYNOPSIS

This bill creates a presumption that a covered firefighter who has heart disease, hypertension, lung disease or certain cancers contracted the occupational disease arising out of and in the course of actions in the line of duty.