PRINTER'S NO. 384
No. 348 Session of 2007
INTRODUCED BY BOSCOLA, MELLOW, LOGAN, MUSTO, STOUT, LAVALLE,
GREENLEAF, FONTANA, O'PAKE, RAFFERTY, TARTAGLIONE, ORIE,
KITCHEN, COSTA, STACK, WAUGH AND PIPPY, MARCH 12, 2007
REFERRED TO LABOR AND INDUSTRY, MARCH 12, 2007
AN ACT
1 Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as
2 reenacted and amended, "An act defining the liability of an
3 employer to pay damages for injuries received by an employe
4 in the course of employment; establishing an elective
5 schedule of compensation; providing procedure for the
6 determination of liability and compensation thereunder; and
7 prescribing penalties," further defining "occupational
8 disease"; and further providing for the scope of "injury,"
9 "personal injury" and "injury arising in the course of his
10 employment."
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 108 of the act of June 2, 1915 (P.L.736,
14 No.338), known as the Workers' Compensation Act, reenacted and
15 amended June 21, 1939 (P.L.520, No.281), is amended by adding a
16 clause to read:
17 Section 108. The term "occupational disease," as used in
18 this act, shall mean only the following diseases.
19 * * *
20 (r) Cancer, resulting in either temporary or permanent total
21 or partial disability or death, after four years or more of
1 service in firefighting for the benefit or safety of the public,
2 caused by exposure to heat, smoke, fumes or gasses, arising
3 directly out of the employment of any such firefighter.
4 Section 2. Section 301(c) of the act is amended by adding a
5 paragraph to read:
6 Section 301. * * *
7 (c) * * *
8 (3) The limitations of paragraph (2) shall not apply in the
9 case of cancer in the occupation of firefighter. The employer
10 shall have the burden of proving that the firefighter's
11 occupation was not a major contributing cause of the
12 firefighter's lung carcinoma.
13 Section 3. The provisions of this act shall be retroactive
14 to January 1, 1989.
15 Section 4. This act shall take effect in 60 days.
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