71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an

amended section is new. Matter within  { -  braces and minus

signs - } is existing law to be omitted. New sections are within

 { +  braces and plus signs + } .

LC 1308

                           A-Engrossed

                         House Bill 2128

                  Ordered by the House April 25

            Including House Amendments dated April 25

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).

  Presession filed (at the request of House Interim Business and

  Commerce Committee)

                             SUMMARY

The following summary is not prepared by the sponsors of the

measure and is not a part of the body thereof subject to

consideration by the Legislative Assembly. It is an editor's

brief statement of the essential features of the measure.

    { - Requires workers' compensation plans of certain cities to

provide coverage for hepatitis C for city firefighters, law

enforcement officers, emergency medical technicians and

corrections officers. - }  Creates presumption of compensability

for hepatitis C for  { + career + } firefighters, law enforcement

officers,  { +  career + } emergency medical technicians and

corrections officers in certain circumstances. { +  Requires

certain cities to provide equivalent workers' compensation

coverage. + }

                        A BILL FOR AN ACT

Relating to workers' compensation coverage for hepatitis C;

  creating new provisions; and amending ORS 656.802.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 656.802 is amended to read:

  656.802. (1)(a) As used in this chapter, 'occupational disease'

means any disease or infection arising out of and in the course

of employment caused by substances or activities to which an

employee is not ordinarily subjected or exposed other than during

a period of regular actual employment therein, and which requires

medical services or results in disability or death, including:

  (A) Any disease or infection caused by ingestion of, absorption

of, inhalation of or contact with dust, fumes, vapors, gases,

radiation or other substances.

  (B) Any mental disorder, whether sudden or gradual in onset,

which requires medical services or results in physical or mental

disability or death.

  (C) Any series of traumatic events or occurrences which

requires medical services or results in physical disability or

death.

  (b) As used in this chapter, 'mental disorder' includes any

physical disorder caused or worsened by mental stress.

  (2)(a) The worker must prove that employment conditions were

the major contributing cause of the disease.

  (b) If the occupational disease claim is based on the worsening

of a preexisting disease or condition pursuant to ORS 656.005

(7), the worker must prove that employment conditions were the

major contributing cause of the combined condition and

pathological worsening of the disease.

  (c) Occupational diseases shall be subject to all of the same

limitations and exclusions as accidental injuries under ORS

656.005 (7).

  (d) Existence of an occupational disease or worsening of a

preexisting disease must be established by medical evidence

supported by objective findings.

  (e) Preexisting conditions shall be deemed causes in

determining major contributing cause under this section.

  (3) Notwithstanding any other provision of this chapter, a

mental disorder is not compensable under this chapter unless the

worker establishes all of the following:

  (a) The employment conditions producing the mental disorder

exist in a real and objective sense.

  (b) The employment conditions producing the mental disorder are

conditions other than conditions generally inherent in every

working situation or reasonable disciplinary, corrective or job

performance evaluation actions by the employer, or cessation of

employment or employment decisions attendant upon ordinary

business or financial cycles.

  (c) There is a diagnosis of a mental or emotional disorder

which is generally recognized in the medical or psychological

community.

  (d) There is clear and convincing evidence that the mental

disorder arose out of and in the course of employment.

  (4) Death, disability or impairment of health of firefighters

of any political division who have completed five or more years

of employment as firefighters, caused by any disease of the lungs

or respiratory tract, hypertension or cardiovascular-renal

disease, and resulting from their employment as firefighters is

an ' occupational disease.' Any condition or impairment of health

arising under this subsection shall be presumed to result from a

firefighter's employment. However, any such firefighter must have

taken a physical examination upon becoming a firefighter, or

subsequently thereto, which failed to reveal any evidence of such

condition or impairment of health which preexisted employment.

Denial of a claim for any condition or impairment of health

arising under this subsection must be on the basis of clear and

convincing medical evidence that the cause of the condition or

impairment is unrelated to the firefighter's employment.

   { +  (5)(a) Death, disability or impairment of health of

career firefighters, law enforcement officers, career emergency

medical technicians and corrections officers of any political

division caused by hepatitis C and resulting from their

employment is an ' occupational disease.' Any condition or

impairment of health caused by hepatitis C shall be presumed to

result from a career firefighter's, law enforcement officer's,

career emergency medical technician's or corrections officer's

employment if:

  (A) The career firefighter, law enforcement officer, career

emergency medical technician or corrections officer tested

negative for hepatitis C:

  (i) Prior to being employed as a career firefighter, law

enforcement officer, career emergency medical technician or

corrections officer;

  (ii) Subsequent to such employment in a test conducted at the

request of the career firefighter, law enforcement officer,

career emergency medical technician or corrections officer; or

  (iii) Subsequent to such employment and the employer elects to

utilize testing for hepatitis C to establish a baseline for all

career firefighters, law enforcement officers, career emergency

medical technicians or corrections officers;

  (B) The career firefighter, law enforcement officer, career

emergency medical technician or corrections officer experienced

during the course of employment an incident with the potential to

transfer hepatitis C that was reported to the employer pursuant

to ORS 656.265; and

  (C) The career firefighter, law enforcement officer, career

emergency medical technician or corrections officer was tested

within six months of the incident with the potential to transfer

hepatitis C and the test was positive for the presence of

hepatitis C.

  (b) Denial of a claim for any condition or impairment of health

under this subsection must be based on clear and convincing

medical evidence that the cause of the condition or impairment is

unrelated to the career firefighter's, law enforcement officer's,

career emergency medical technician's or corrections officer's

employment.

  (c) Tests required to establish the presumption of

compensability under paragraph (a) of this subsection are

voluntary. If a worker elects to have the preemployment and

post-incident tests, the costs shall be paid by the employer.

  (d) As used in this subsection, 'incident with the potential to

transfer hepatitis C' means any event involving direct exposure

to blood or other bodily fluids of an individual, including but

not limited to needlestick accidents, bites and eye splashes.

  (6) As used in this chapter:

  (a) 'Career firefighter' means a firefighter who receives wages

and retirement benefits for service as a firefighter.

  (b) 'Career emergency medical technician' means an emergency

medical technician who receives wages and retirement benefits for

service as an emergency medical technician. + }

  SECTION 2.  { + Sections 3 and 4 of this 2001 Act are added to

and made a part of ORS chapter 656. + }

  SECTION 3.  { + Any person employed as a career firefighter,

law enforcement officer, career emergency medical technician or

corrections officer on the effective date of this 2001 Act who is

tested for hepatitis C within 60 days of the effective date of

this 2001 Act and whose test results fail to reveal the presence

of hepatitis C is deemed to have satisfied the requirements of

ORS 656.802 (5)(a)(A). + }

  SECTION 4.  { + A municipal fire and police disability plan

that covers workers exempt from the provisions of this chapter

pursuant to ORS 656.027 (6) shall provide coverage for hepatitis

C as provided by ORS 656.802 (5)(a). + }

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