§ 7-313p — Benefits for firefighters with cancer diagnosis resulting in death or disability.

(a) For purposes of this section: (1) “Firefighter” has the same meaning as provided in section 7-313g ; (2) “Compensation” has the same meaning as provided in section 31-275 ; (3) “Municipal employer” has the same meaning as provided in section 7-467 ; and (4) “Interior structural firefighter” means an individual who performs fire suppression, fire rescue, or both, either inside of buildings or in closed structures that are involved in a fire station beyond the incident stage. (b) Notwithstanding the provisions of chapter 568, a firefighter diagnosed with any condition of cancer affecting the brain, skeletal system, digestive system, endocrine system, respiratory system, lymphatic system, reproductive system, urinary system or hematological system resulting in such firefighter's death or temporary or permanent total or partial disability, or such firefighter's dependents, as the case may be, shall receive (1) compensation and benefits from the account, established pursuant to section 7-313h , in the same amount and in the same manner that would be provided under chapter 568 if such death or disability was caused by a personal injury which arose out of and in the course of such firefighter's employment and was suffered in the line of duty and within the scope of such firefighter's employment, and (2) (A) the same retirement or survivor benefits, from the municipal or state retirement system under which such firefighter is covered, or (B) the disability benefits available from the Connecticut State Firefighters Association pursuant to section 3-123 , that would have been paid under such system if such death or disability was caused by a personal injury which arose out of and in the course of such firefighter's employment and was suffered in the line of duty and within the scope of such firefighter's employment, provided such firefighter has: (i) Submitted to a physical examination subsequent to such member's entry into service that failed to reveal any evidence of or a propensity for such cancer; (ii) Has not used cigarettes, as defined in section 12-285 , during the fifteen-year period prior to such diagnosis; (iii) Was employed for at least five years as (I) an interior structural firefighter at a paid municipal, state or volunteer fire department, or (II) a local fire marshal, deputy fire marshal, fire investigator, fire inspector or such other class of inspectors or investigators for whom the State Fire Marshal and the Codes and Standards Committee, acting jointly, have adopted minimum standards of qualification pursuant to section 29-298 ; and (iv) Has submitted to annual medical health screenings as recommended by such firefighter's medical provider. (c) Any individual who is no longer actively serving as a firefighter but who otherwise would be eligible for compensation or benefits pursuant to the provisions of subsection (b) of this section may apply for such benefits or compensation not more than five years from the date such individual last served as a firefighter. (d) To apply for compensation or benefits pursuant to subsections (b) and (c) of this section, a firefighter shall provide notice to the Workers' Compensation Commission and the municipality in which such firefighter is employed, in the same manner as workers' compensation claims under chapter 568. (e) (1) The municipality in which the firefighter is employed shall administer claims submitted pursuant to subsections (b) and (c) of this section in the same manner as workers' compensation claims under chapter 568. Such municipality shall (A) pay to the firefighter the compensation or benefits such firefighter is entitled to, and (B) submit, in a form and manner provided by the State Treasurer, an application for reimbursement from the firefighters cancer relief account. Payments for reimbursement shall be processed not later than forty-five days after such application is received. (2) Any costs associated with a firefighter's treatment of cancer that are not covered by such firefighter's personal or group health insurance shall be reimbursed, pursuant to this subsection, by the firefighters cancer relief account. (3) If the firefighters cancer relief account becomes insolvent, a municipality shall have no obligation to continue providing compensation and benefits pursuant to subdivision (1) of subsection (b) of this section and subsection (c) of this section. (f) A firefighter may request that a denial of compensation or benefits made pursuant to subsection (e) of this section be reconsidered in the same manner as workers' compensation claims under chapter 568. (g) If a physical examination was required by an employer at the time of the firefighter's employment, as a condition for such employment, or required annually for means of continued employment, a firefighter shall not be required to show proof of such examination in the maintenance of a claim under subsection (b) or (c) of this section or under such municipal or state retirement system. (h) Any benefits provided under subsection (b) or (c) of this section shall be offset by any other benefits a firefighter or such firefighter's dependents may be entitled to receive from such firefighter's municipal employer under the provisions of chapter 568 or the municipal or state retirement system under which they are covered as a result of any condition or impairment of health caused by occupational cancer resulting in such firefighter's death or permanent total or partial disability. (i) The State Treasurer shall have the authority to audit reimbursements provided by the account pursuant to subsection (e) of this section. (j) No payment of compensation made under this section shall be used as evidence in support of any future claim under chapter 568. (k) Except as provided in subsections (l) and (m) of this section, any firefighter that receives compensation under this section shall be prohibited from filing a claim under chapter 568 for a diagnosis of cancer. (l) If the firefighters cancer relief account becomes insolvent, a firefighter that was receiving compensation under this section may file a claim under chapter 568, within one year of receiving notice from the municipality of the firefighters cancer relief account becoming insolvent, for continuation of compensation. (m) (1) Any survivors of a firefighter that has died from cancer and was receiving compensation under this section may file a claim under chapter 568 within one year of such firefighter's death. Until such claim is approved, such survivor shall continue to receive benefits from the firefighters cancer relief account. (2) If the survivors of a firefighter that has died from cancer and was receiving compensation under this section do not file a claim under chapter 568 within one year of such firefighter's death, such survivors may continue to receive benefits from the firefighters cancer relief account.

Legislative History

(P.A. 23-204, S. 159.)