THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY BOSCOLA, TARTAGLIONE, KASUNIC, STACK, WAUGH, WASHINGTON, FONTANA, SOLOBAY, RAFFERTY AND ERICKSON, FEBRUARY 28, 2011
REFERRED TO LABOR AND INDUSTRY, FEBRUARY 28, 2011
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
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 the 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. This act shall take effect in 60 days.