THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BOSCOLA, LOGAN, TARTAGLIONE, FONTANA, ERICKSON, ORIE, RAFFERTY, KASUNIC, MUSTO, WASHINGTON, ALLOWAY AND FARNESE, APRIL 23, 2009

REFERRED TO LABOR AND INDUSTRY, APRIL 23, 2009  

AN ACT

Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as

reenacted and amended, "An act defining the liability of an

employer to pay damages for injuries received by an employe

in the course of employment; establishing an elective

schedule of compensation; providing procedure for the

determination of liability and compensation thereunder; and

prescribing penalties," further defining "occupational

disease"; and further providing for the scope of "injury,"

"personal injury" and "injury arising in the course of his

employment."

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 108 of the act of June 2, 1915 (P.L.736,

No.338), known as the Workers' Compensation Act, reenacted and

amended June 21, 1939 (P.L.520, No.281), is amended by adding a

clause to read:

Section 108.  The term "occupational disease," as used in

this act, shall mean only the following diseases.

* * *

(r)  Cancer, resulting in either temporary or permanent total

or partial disability or death, after four years or more of

service in firefighting for the benefit or safety of the public,

caused by exposure to heat, smoke, fumes or gasses, arising

directly out of the employment of any such firefighter.

Section 2.  Section 301(c) of the act is amended by adding a

paragraph to read:

Section 301.  * * *

(c)  * * *

(3)  The limitations of paragraph (2) shall not apply in the

case of cancer in the occupation of firefighter. The employer

shall have the burden of proving that the firefighter's

occupation was not a major contributing cause of the

firefighter's lung carcinoma.

Section 3.  The provisions of this act shall be retroactive

to January 1, 1989.

Section 4.  This act shall take effect in 60 days.