January 28, 2003, Introduced by Senators BASHAM, LELAND and CHERRY and referred to
the Committee on Commerce and Labor.
A bill to amend 1969 PA 317, entitled
"Worker's disability compensation act of 1969,"
by amending section 405 (MCL 418.405), as amended by 1980 PA
457.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 405. (1) In
the case of For a member of a full
2 fully paid fire
department of an airport run by a county road
3 commission in counties
of 1,000,000 population or more or
a
4 public airport authority, or by a state university or college; or
5 of a full fully
paid fire or police department of a city,
6 township, or incorporated village employed and compensated upon a
7 full-time basis or volunteer firefighters of a city, township, or
8 incorporated village; ,
a county sheriff and the deputies of
9 the county sheriff;
, members of the state police; ,
10 conservation officers;
, and officers of the motor carrier
1 inspectors of the
Michigan public service commission
2 enforcement division of the department of state police, "personal
3 injury" shall be construed to include respiratory and heart
4 diseases or illnesses
resulting therefrom which that develop or
5 manifest themselves during a period while the member of the
6 department is in the active service of the department and that
7 result from the performance of duties for the department.
8 (2) Such
respiratory Respiratory and heart diseases or
9 and illnesses resulting
therefrom are deemed considered to
10 arise out of and in the course of employment in the absence of
11 evidence to the contrary.
12 (3) As a condition precedent to filing an application for
13 benefits, the a
claimant , if he or she is one of those
14 enumerated listed in subsection (1), shall first make
15 application for, and do all things necessary to qualify for any
16 pension benefits which
that he or she, or his or her decedent,
17 may be entitled to. If a final determination is made that
18 pension benefits shall not be awarded, then the presumption of
19 "personal
injury" as provided in this section shall apply
20 applies. The employer or employee may request 2 copies of the
21 determination denying pension benefits, 1 copy of which may be
22 filed with the bureau.