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September 02, 2014
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Cardiac Bill signed by Governor Jodi Rell
Updated On: Jun 24, 2014

Substitute House Bill No. 5629

Cardiac Bill signed by Governor

 

    Substitute House Bill No. 5629, which establishes a rebuttable presumption that "a uniformed member of a paid municipal fire department or a regular member of a paid municipal police department or constable who began such employment on or after July 1, 1996, any condition or impairment of health caused by a cardiac emergency occurring to such member on or after the effective date of this section, while such member is in training for or engaged in fire duty at the site of an accident or fire, or other public safety operation within the scope of such member's employment for such member's municipal employer that results in death or temporary or permanent total or partial disability, shall be presumed to have been suffered in the line of duty and within the scope of such member's employment," was passed by the House of Representatives on April 22, 2008 on a vote of 135 yea and 16 nay, passed by the Senate on April 29 by unanimous vote (consent calendar) and signed by Governor Rell on May 12, 2008.

 

    This legislation, Public Act 08-61 will be become effective on July 1, 2009, will not diminish the benefits of police officers or fire fighters employed prior to passage of this Act, and will provide coverage to law enforcement constables.  The presumption established by the Act is rebuttable by the presentation of a preponderance of evidence by the employer.

 

    The passage of this Act is the result of many years' efforts before the Legislature.  The leaderships of the Uniformed Professional Fire Fighters of Connecticut (UPFFA) and the Connecticut Council of Police Unions (Council 15) had made this issue a priority.  A special acknowledgement goes out to the Chairs of the Labor and Public Employees Committee, Representative Kevin Ryan and Senator Edith Prague, and special thanks to Speaker of the House of Representatives, James Amann, who supported and guided this legislation through the process during the short session of the General Assembly.

 

    A copy of Public Act 08-61 is as follows:

 

Substitute House Bill No. 5629

Public Act No. 08-61

AN ACT CONCERNING WORKERS' COMPENSATION COVERAGE FOR FIREFIGHTERS AND POLICE OFFICERS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2009) For the purpose of adjudication of claims for payment of benefits under the provisions of chapter 568 of the general statutes to a uniformed member of a paid municipal fire department or a regular member of a paid municipal police department or constable who began such employment on or after July 1, 1996, any condition or impairment of health caused by a cardiac emergency occurring to such member on or after the effective date of this section, while such member is in training for or engaged in fire duty at the site of an accident or fire, or other public safety operation within the scope of such member's employment for such member's municipal employer that results in death or temporary or permanent total or partial disability, shall be presumed to have been suffered in the line of duty and within the scope of such member's employment, unless the contrary is shown by a preponderance of the evidence, provided such member successfully passed a physical examination on entry into service conducted by a licensed physician designated by such department which examination failed to reveal any evidence of such condition. For the purposes of this section, "cardiac emergency" means cardiac arrest or myocardial infarction, and "constable" means any municipal law enforcement officer who is authorized to make arrests and has completed Police Officer Standards and Training Council certification pursuant to section 7-294a of the general statutes.



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