Presumptive Disability Law in Pennsylvania

Presumptive Health Initiative

CODE PART:

The Pennsylvania Code
TITLE 34 LABOR AND INDUSTRY
PART VIII. Bureau of Workers’ Compensation
CHAPTER 130. OCCUPATIONAL DISEASE UNDER THE WORKERS’ COMPENSATION ACT—STATEMENT OF POLICY
Sec. 130.1. Guidelines for employment screening programs under Act 115 of 2001.
The Pennsylvania Worker’s Compensation Act
Article I. Interpretation and Definitions
Section 108. The term “occupational disease,” as used in this act, shall mean only the following diseases.
ARTICLE III Liability and Compensation

Pennsylvania Legislative Website

DESCRIPTION:
Sec. 130.1.
Guidelines for employment screening programs under Act 115 of 2001.

  1. Hepatitis C is a blood-borne virus that attacks the liver. Since its identification in 1989, the virus has become the leading cause of liver transplants in the United States and is responsible for 8,000 to 10,000 deaths per year. Nearly 4 million Americans are currently infected to date. The number of infected Americans is expected to triple within the next 10 to 20 years, according to the National Institute of Health. Emergency medical and public safety employees have been identified as a group with a higher risk of exposure to the virus because of the nature of their employment.
  2. On December 20, 2001, Governor Mark Schweiker signed into law Act 115 of 2001, which amends section 108 of the Workers’ Compensation Act (77 P. S. Sec. 27.1) (act) to create a presumption that Hepatitis C in the following occupations is an occupational disease within the meaning of the act:
    1. Professional and volunteer fire fighters.
    2. Volunteer ambulance corp personnel.
    3. Volunteer rescue and lifesaving squad personnel.
    4. Emergency medical services personnel and paramedics.
    5. Pennsylvania State Police officers.
    6. Police officers requiring certification under 53 Pa.C.S. Chapter 21 (relating to employees).
    7. Commonwealth and county correctional employees, and forensic security employees of the Department of Public Welfare, having duties including care, custody and control of inmates involving exposure to Hepatitis C.
  3. The presumption is not conclusive and shall be rebutted if the employer has established an employment screening program, in accordance with guidelines established by the Department in coordination with the Department of Health and the Pennsylvania Emergency Management Agency and published in the Pennsylvania Bulletin, and testing pursuant to that program establishes that the employe incurred the Hepatitis C virus prior to any job-related exposure.
  4. The purpose of this section is to provide guidelines for the screening program that includes testing for the Hepatitis C virus so that an employer may rebut the presumption that the presence of the virus is work-related.
  5. An employment screening program for Hepatitis C should be implemented by having an employee undergo medical testing utilizing Food and Drug Administration-approved tests for Hepatitis C, as directed by a physician. As part of the employment screening program, supplemental testing should be conducted where the initial test yields a positive result, or when deemed appropriate by a physician. Future interval testing, to be administered in accordance with accepted standards of care, should be conducted when a physician determines that such testing is appropriate.
  6. The screening program should include testing. Act 115 of 2001 should not be interpreted to preclude other related procedures, such as the distribution of questionnaires requesting information on prior employment, including a description of job duties and responsibilities.

The Pennsylvania Worker’s Compensation act

Sec. 108.
The term “occupational disease,” as used in this act shall mean only the following diseases.

(r) Cancer suffered by a firefighter which is caused by exposure to a known carcinogen which is recognized as a Group 1 carcinogen by the International Agency for Research on Cancer.

ARTICLE III Liability and Compensation

(f) Compensation pursuant to cancer suffered by a firefighter shall only be to those firefighters who have served four or more years in continuous firefighting duties, who can
establish direct exposure to a carcinogen referred to in section 108(r) relating to cancer by a firefighter and have successfully passed a physical examination prior to asserting a claim under this subsection or prior to engaging in firefighting duties and the examination failed to reveal any evidence of the condition of cancer. The presumption of this subsection may be rebutted by
substantial competent evidence that shows that the firefighter’s cancer was not caused by the occupation of firefighting. Any claim made by a member of a volunteer fire company shall be based on evidence of direct exposure to a carcinogen referred to in section 108(r) as documented by reports filed pursuant to the Pennsylvania Fire Information Reporting System and provided that the member’s claim is based on direct exposure to a carcinogen referred to in section 108(r). Notwithstanding the limitation under subsection (c)(2) with respect to disability or death
resulting from an occupational disease having to occur within three hundred weeks after the last date of employment in an occupation or industry to which a claimant was exposed to the hazards of disease, claims filed pursuant to cancer suffered by the firefighter under section 108(r) may be made within six hundred weeks after the last date of employment in an occupation or industry to which a claimant was exposed to the hazards of disease. The presumption provided for under this subsection shall only apply to claims made within the first three hundred weeks.