PRINTER'S NO. 1384

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1212 Session of 1987


        INTRODUCED BY DOMBROWSKI, FEE, CESSAR, DUFFY, RIEGER, DAWIDA,
           PISTELLA, LESCOVITZ, HOWLETT, BATTISTO, MAIALE, CIVERA,
           MICOZZIE, MAYERNIK AND DeLUCA, APRIL 29, 1987

        REFERRED TO COMMITTEE ON LABOR RELATIONS, APRIL 29, 1987

                                     AN ACT

     1  Amending the act of June 28, 1935 (P.L.477, No.193), entitled,
     2     as amended, "An act providing for the payment of the salary,
     3     medical and hospital expenses of members of the State Police
     4     Force, of the enforcement officers and investigators employed
     5     by the Pennsylvania Liquor Control Board, and the parole
     6     agents, enforcement officers and investigators of the
     7     Pennsylvania Board of Probation and Parole, Capitol Police
     8     officers, correction officers employed by the Department of
     9     Corrections whose principal duty is the care, custody and
    10     control of inmates, psychiatric security aides employed by
    11     the Department of Public Welfare and the Department of
    12     Corrections whose principal duty is the care, custody, and
    13     control of the criminally insane, and drug enforcement agents
    14     of the Office of Attorney General whose principal duty is the
    15     enforcement of the drug laws of the Commonwealth, members of
    16     the Delaware River Port Authority Police and of policemen,
    17     firemen and park guards by the Commonwealth of Pennsylvania,
    18     the Delaware River Port Authority, counties, cities,
    19     boroughs, towns and townships, who are injured or contract
    20     certain diseases in the performance of their duty; and
    21     providing that absence during such injury shall not reduce
    22     any usual sick leave period," providing for a presumption
    23     relating to heart impairment, sickness or disease.

    24     The General Assembly of the Commonwealth of Pennsylvania
    25  hereby enacts as follows:
    26     Section 1.  The act of June 28, 1935 (P.L.477, No.193),
    27  referred to as the Enforcement Officer Disability Benefits Law,
    28  is amended by adding a section to read:

     1     Section 2.1.  (a)  Whenever any member of the State Police
     2  Force, policeman or fireman, within ninety days immediately
     3  prior to his employment, receives a physical examination which
     4  does not disclose any heart impairment, sickness or disease, it
     5  shall be presumed that any subsequent heart impairment, ailment
     6  or disease suffered during the person's employment is service
     7  related.
     8     (b)  Subsection (a) shall not prevent the employer from
     9  proffering other competent evidence to rebut the presumption
    10  established by subsection (a).
    11     Section 2.  This act shall take effect in 60 days.













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