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HOUSE DOCKET, NO. 587         FILED ON: 1/13/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2465


The Commonwealth of Massachusetts



Martin J. Walsh


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 disability or death caused by contagious diseases, presumption..






Martin J. Walsh

13th Suffolk

James M. Murphy

4th Norfolk

Christopher G. Fallon

33rd Middlesex

Thomas J. Calter

12th Plymouth

Angelo J. Puppolo, Jr.

12th Hampden

Michael D. Brady

9th Plymouth

Christine E. Canavan

10th Plymouth

Carl M. Sciortino, Jr.

34th Middlesex

Colleen M. Garry

36th Middlesex

Claire D. Cronin

11th Plymouth

Thomas P. Conroy

13th Middlesex

HOUSE DOCKET, NO. 587        FILED ON: 1/13/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2465

By Mr. Walsh of Boston, a petition (accompanied by bill, House, No. 2465) of Martin J. Walsh and others relative to creating a rebuttable presumption of job relatedness for certain public safety personnel suffering from disabling conditions caused by exposure to infectious diseases.  Public Service. 


SEE HOUSE, NO. 1664 OF 2011-2012.]

The Commonwealth of Massachusetts


In the Year Two Thousand Thirteen



An Act relative to disability or death caused by contagious diseases, presumption..

              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. (1) Notwithstanding the provisions of any general or special law to the contrary, and for the purposes of any death, disability or medical services claim including claims under Chapter 32, Chapter 41 and Chapter 152 of the General Laws, any contagious disease, resulting in disability or death to a full-time uniformed member of a paid police department, fire department or municipal emergency medical service shall, if he or she 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, unless it is shown by a preponderance of the evidence that non-service connected risk factors or non-service connected accidents or hazards undergone, or any combination thereof, caused such incapacity. The provisions of this section shall only apply if the disabling or fatal condition is a type of contagious disease which may, in general, result from exposure to blood and other body fluids of the sick, excluding the common cold.

              (2) The provisions of this section shall not apply to any person serving in such positions for fewer than five years at the time that such condition is first discovered, or should have been discovered. Any person first discovering any such condition within five years of the last date on which such person actively so served shall be eligible to apply for benefits hereunder, and such benefits, if granted, shall be payable as of the date on which the employee last received regular compensation. The provisions of this section shall not apply to any person serving in such position unless such person shall first establish that he has regularly responded to calls for police, fire or emergency medical service during some portion of the period of his service in such position.

              (3) The provisions of this section shall also apply to any condition of Hepatitis A, B, or C, Tuberculosis, HIV, and any other contagious disease which is found by regulation by the commissioner of the department of public health to have a statistically significant correlation with police, fire or emergency medical service.

              (4) Nothing herein shall preclude a member from applying for and receiving benefits under section seven or section nine, subject to the provisions of said sections.

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