§ 29-5-401 — Legislative declaration

(1) House Bill 07-1008, enacted in 2007,
established a rebuttable presumption in the state workers' compensation system
that certain types of cancer, when contracted by firefighters, are occupational
diseases caused by employment as a firefighter.

(2) Nine years of experience has shown that the rebuttable presumption
established by House Bill 07-1008 has produced no demonstrable benefit to
firefighters but has led to significantly greater costs to employers of firefighters.

(3) The purpose of this part 4 is to provide supplemental income and
reimbursement for out-of-pocket costs not otherwise paid for by insurance
coverage to firefighters who contract covered cancers and to reduce the cost of
workers' compensation insurance for employers of firefighters. This part 4 is not a
replacement for workers' compensation coverage or any other kind of medical
insurance.

(4) This part 4 does not eliminate or curtail the obligation of an employer of
firefighters to participate in the state workers' compensation system, nor does it
eliminate or curtail the right of a firefighter to pursue benefits under the state
workers' compensation system. Rather, it provides a practical alternative for
firefighters to pursue in dealing with the costs and burdens of covered cancers
without being forced to rely on recovering compensation under the rebuttable
presumption created by House Bill 07-1008.

Legislative History

Source: L. 2017: Entire part added, (SB 17-214), ch. 187, p. 679, � 1, effective May 3.