Louisiana 2020 Regular Session

Louisiana Senate Bill SB370

Introduced
2/28/20  
Refer
2/28/20  
Refer
2/28/20  
Refer
3/9/20  

Caption

Provides relative to workers' compensation benefits for hearing loss for classified fire service. (gov sig) (OR INCREASE LF EX See Note)

Impact

The passage of SB 370 is expected to bring significant changes to the workers' compensation statutes related to defined occupational diseases. Specifically, by recognizing hearing loss sustained during service as a compensable occupational disease, the bill reinforces the obligation of the state to support fire service employees in cases of work-related health impairments. Additionally, the rebuttable presumption that hearing loss is work-related, after five years of service, establishes a more favorable condition for employees seeking compensation. This aspect is particularly critical for employees who may suffer from cumulative hearing deterioration over time due to their exposure to high noise levels in the field.

Summary

Senate Bill 370 seeks to enhance the workers' compensation benefits available to classified fire service employees who experience hearing loss as a result of their employment. The bill establishes a framework that classifies hearing loss as an occupational disease when it exceeds 10% of the expected hearing capability for a person of comparable age. This classification enables affected employees to receive necessary medical benefits and, importantly, indemnity benefits, without the requirement that they be on duty at the time the hearing loss occurs. The bill aims to provide further protection for those who risk their health in the service of their communities.

Sentiment

The sentiment surrounding SB 370 appears largely favorable, with support from various stakeholders including fire service organizations and labor advocates who view the bill as a necessary step to safeguard the health and financial stability of fire service personnel. There seems to be a recognition of the unique challenges faced by these workers and the impact of occupational hazards on their well-being. However, discussions may also reflect concerns regarding implementation and the adequacy of benefits, ensuring that the bill meets the actual needs of affected employees.

Contention

While the overall sentiment is positive towards SB 370, there may be points of contention regarding the precise definitions and thresholds for hearing loss, as well as the potential administrative implications for workers' compensation claims. Critics could raise questions about the adequacy of evidence required to rebut the presumption of work-relatedness, which may lead to legal disputes. Furthermore, there could be concerns surrounding funding and sustainability of the indemnity benefits provided, focusing on whether the associated costs will be manageable for the state and local fire departments.

Companion Bills

No companion bills found.

Previously Filed As

LA SB408

Provides relative to the workers' compensation reimbursement schedule. (gov sig) (EN INCREASE SD EX See Note)

LA SB439

Provides for cancer screenings for firefighters and fire service employees. (8/1/26) (EN INCREASE LF EX See Note)

LA SB213

Provides for preliminary determination hearings in workers' compensation. (1/1/27)

LA HB456

Provides relative to claims for benefits under workers' compensation

LA HB819

Provides relative to the medical treatment schedule under workers' compensation (RE INCREASE SG EX See Note)

LA HB1022

Provides relative to health services provided to students (OR INCREASE LF EX See Note)

LA SB376

Provides for the Learn and Earn Act. (gov sig) (EN INCREASE LF EX See Note)

LA SB184

Firefighter Cancer Benefits & Workers' Compensation

LA HB1101

Provides relative to maximum medical improvement, income benefits, the misrepresentation of benefits or payments, and the rehabilitation of injured employees under workers' compensation (EG -$550,900 SG EX See Note)

LA SB828

Relating To Workers' Compensation Medical Benefits.

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