Beginning on January 1, 2009, municipal and private employers of paramedics, emergency medical technicians (EMT) and firefighters noticed a shift in the burden of proof in defending workers’ compensation claims. The basis for this new burden on such employers is the result of Public Act 95-316 House Bill 928 which was codified as 820 ILCS 306/6(f). This relatively new provision reads as follows:
Any condition or impairment of health of an employee employed as a firefighter, emergency medical technician (EMT), or paramedic which results directly or indirectly from any bloodborne pathogen, lung or respiratory disease or condition, heart or vascular disease or condition, hypertension, tuberculosis, or cancer resulting in any disability (temporary, permanent, total, or partial) to the employee shall be rebuttably presumed to arise out of and in the course of the employee's firefighting, EMT, or paramedic employment and, further, shall be rebuttably presumed to be causally connected to the hazards or exposures of the employment. This presumption shall also apply to any hernia or hearing loss suffered by an employee employed as a firefighter, EMT, or paramedic. However, this presumption shall not apply to any employee who has been employed as a firefighter, EMT, or paramedic for less than 5 years at the time he or she files an Application for Adjustment of Claim concerning this condition or impairment with the Illinois Workers' Compensation Commission. The Finding and Decision of the Illinois Workers' Compensation Commission under only the rebuttable presumption provision of this subsection shall not be admissible or be deemed res judicata in any disability claim under the Illinois Pension Code arising out of the same medical condition; however, this sentence makes no change to the law set forth in Krohe v. City of Bloomington, 204 Ill.2d 392 (Ill. 2003) (Emphasis added)..
As noted above, any impairment to the health of a firefighter, EMT, or paramedic which results directly or indirectly from any of the aforementioned conditions will be presumed to arise out of and be causally connected to the hazards or exposures of the employees’ job. Although this presumption is limited to those individuals who have been employed for at least five years when they file their Application for Adjustment of Claim, the burden of rebutting such claims now lies with the employer. As such, it is clear that in passing this provision, the Illinois state legislature has created an atmosphere wherein claims filed by firefighters, EMT’s and paramedics have an even greater chance of succeeding. The net result then is a new class of potential petitioners who may now seek compensation for conditions which would otherwise be considered the result of ordinary life.
* * *
Kevin Casey, an associate in our Chicago office, concentrates his practice in general litigation. Kevin currently handles claims involving premises liability, construction litigation and workers' compensation for both corporate and governmental entities.
Querrey & Harrow has long served the needs of governmental units, governmental officials and employees, as well as corporate and private clients, with all of their legal needs, including workers’ compensation litigation. Should you need any further information regarding this issue and/or any workers’ compensation matter please do not hesitate to contact Kevin Casey directly at (312) 540-7052, or via kcasey@querrey.com.
