Georgia House of Representatives - 1995/1996 Sessions

HB 1759 - Firefighters; certain diseases; line of duty

Page Numbers - 1/ 2

Code Sections - 25-1-2

1. Williams  114th        2. Howard  118th


House Comm: Ind        /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              2/21/96  Read 1st Time                                                                
              2/26/96  Read 2nd Time                                                                
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Code Sections amended:                                                                              


HB 1759                                            LC 10 1688






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Chapter 1 of Title 25 of the Official Code of
  1- 2  Georgia Annotated, relating to general provisions applicable
  1- 3  to fire protection and safety, so as to provide that any
  1- 4  condition or impairment of health of any state, municipal,
  1- 5  county, port authority, special tax district, or fire
  1- 6  control district firefighter caused by lung disease, heart
  1- 7  disease, or hypertension resulting in total or partial
  1- 8  disability or death shall be presumed to have been
  1- 9  accidental and to have been suffered in the line of duty as
  1-10  a firefighter unless the contrary can be shown by competent
  1-11  evidence; to provide a condition to said presumption; to
  1-12  provide that such a presumption shall not apply under
  1-13  certain circumstances; to authorize governmental bodies to
  1-14  negotiate policy contracts for life and disability insurance
  1-15  to include accidental death benefits or double indemnity
  1-16  coverage which includes such presumption; to repeal
  1-17  conflicting laws; and for other purposes.

  1-18       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-19  Chapter 1 of Title 25 of the Official Code of Georgia
  1-20  Annotated, relating to general provisions applicable to fire
  1-21  protection and safety, is amended by adding following Code
  1-22  Section 25-1-1 a new Code Section 25-1-2 to read as follows:

  1-23    "25-1-2. (Index)

  1-24    (a) Notwithstanding any other provision of law to the
  1-25    contrary, any condition or impairment of health of any
  1-26    state, municipal, county, port authority, special tax
  1-27    district, or fire control district firefighter caused by
  1-28    lung disease, heart disease, or hypertension resulting in
  1-29    total or partial disability or death shall be presumed to
  1-30    have been accidental and to have been suffered in the line
  1-31    of duty as a firefighter unless the contrary can be shown
  1-32    by competent evidence; provided, however, that any such
  1-33    firefighter shall have successfully passed a physical



                                 -1- (Index)

                                                  LC 10 1688

  2- 1    examination upon entering into any such service as a
  2- 2    firefighter which examination failed to reveal any
  2- 3    evidence of any such condition.  Such presumption shall
  2- 4    not apply to benefits payable under or granted in a policy
  2- 5    of life insurance unless the insurer and the insured have
  2- 6    negotiated for such additional benefits to be included in
  2- 7    the policy contract.

  2- 8    (b) This Code section shall be construed to authorize any
  2- 9    governmental body to negotiate policy contracts for life
  2-10    and disability insurance to include accidental death
  2-11    benefits or double indemnity coverage which shall include
  2-12    the presumption that any condition of impairment of health
  2-13    of any firefighter caused by lung disease, heart disease,
  2-14    or hypertension resulting in total or partial disability
  2-15    or death was accidental and suffered in the line of duty
  2-16    as a firefighter, unless the contrary can be shown by
  2-17    competent evidence."

                         SECTION 2.

  2-18  All laws and parts of laws in conflict with this Act are
  2-19  repealed.



























                                 -2- (Index)