HOUSE DOCKET, NO. 4335        FILED ON: 6/27/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Shawn Dooley

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to firefighters and sarcoidosis.

_______________

PETITION OF:

HOUSE DOCKET, NO. 4335        FILED ON: 6/27/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

An Act relative to firefighters and sarcoidosis.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. This act shall be known and may be cited as “The Massachusetts Sarcoidosis Firefighter Retirement and Compensation Act”.

SECTION 2. Chapter 32 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 94B the following section:-

Section 94C. Notwithstanding the provisions of any general or special law to the contrary affecting the non-contributory or contributory retirement system, any condition of impairment of health caused by Sarcoidosis, resulting in damage of the ability to continue duties, total disability or death to a uniformed member of a paid fire department, including, without limitation, any permanent crash crewman, crash boatman, fire controlman or assistant fire controlman employed at the General Edward Lawrence Logan International Airport, members of the 104th fighter wing fire department or members of the Massachusetts military reservation fire department, shall, if they successfully passed a physical examination on entry into such service or subsequent to such entry, which examination failed to reveal any evidence of such condition, be presumed to have been suffered in the line of duty, as a result of the inhalation of noxious fumes or poisonous gases, unless the contrary be shown by competent evidence. For the purposes of this section the term “Sarcoidosis” shall mean an inflammatory disease characterized by the formation of granulomas (tiny clumps of inflammatory cells) in 1 or more organs of the body, often resulting in difficulty breathing, wheezing, diminished lung capacity and coughing. Sarcoidosis may also cause inflamed lymph nodes and lesions on the skin.

SECTION 3. Section 100 of said chapter 32, as so appearing, is hereby amended by striking out, in lines 78 and 79, the words “ninety four A and ninety four B” and inserting in place thereof the following words:- 94A, 94B and 94C.

SECTION 4. Section 100A of said chapter 32, as so appearing, is hereby amended by striking out, in line 34, the words “94A and 94B” and inserting in place thereof the following words:- 94A, 94B and 94C.

SECTION 5. Subsection (1) of section 36 of chapter 152 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

(l) For the reoccurring or permanent cough and wheezing, permanent scarring of lung or other organs tissue, reoccurring or permanent skin lesions brought on by Sarcoidosis, a sum equal to the average wage for compensation as prescribed in the individual firefighters or fire officers department collective bargaining agreement or individual contract of said firefighter or fire officer regarding line-of-duty injuries and disability compensation as covered under section 111F of chapter 41. For the purposes of this paragraph, the term “Sarcoidosis” shall mean an inflammatory disease characterized by the formation of granulomas (tiny clumps of inflammatory cells) in 1 or more organs of the body, often resulting in difficulty breathing, wheezing, diminished lung capacity and coughing. It may also cause inflamed lymph nodes and lesions on the skin.

SECTION 6. Section 111F of chapter 41 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

The provisions of this section shall apply to any condition of cancer, hypertension or heart disease, Sarcoidosis or respiratory illness which, in general, may be presumed from exposure to heat or radiation or to a known or suspected carcinogen, as a result of the inhalation of noxious fumes or poisonous gases, shall, if he successfully passed a physical examination on entry into such service, or subsequently successfully passed a physical examination, which examination failed to reveal any evidence of such condition, be presumed to have been suffered in the line of duty, unless the contrary be shown by competent evidence. For the purposes of this paragraph, the term “Sarcoidosis” shall mean an inflammatory disease characterized by the formation of granulomas (tiny clumps of inflammatory cells) in 1 or more organs of the body, often resulting in difficulty breathing, wheezing, diminished lung capacity and coughing. It may also cause inflamed lymph nodes and lesions on the skin.