Bill
HB 5180
Expands workers’ comp to presume certain respiratory/heart diseases and specified cancers are work-related for essential public safety workers, via a state fund.
Status (key dates)
- Introduced: March 14, 2025 (Rep. Laurie Pohutsky)
- Passed both chambers: May 2025
- Sent to Governor: May 28, 2025
- Signed by Governor: June 20, 2025 — effective immediately (June 20, 2025)
- Companion bill: SB 2815
Purpose
- HB 5180 amends section 405 of the Michigan Worker’s Disability Compensation Act (1969 PA 317, MCL 418.405) to expand and clarify presumptions that certain diseases and cancers are “personal injuries” arising out of employment for specified public safety and first‑responder personnel. The bill also addresses claims administration through the Christopher R. Slezak first responder presumed coverage fund. The bill title indicates it provides an infectious‑disease presumption for essential employees during a declared emergency.
Key provisions and changes
- Expands the definition of “personal injury” for covered public safety employees to include respiratory and heart diseases (and illnesses resulting therefrom) that develop while the employee is in active service and result from performance of duties.
- Continues and clarifies an occupational‑cancer presumption for firefighters, forest fire officers, crash rescue officers, and members of public fire authorities: eligible cancers are enumerated (respiratory tract, bladder, skin, brain, kidney, blood, thyroid, testicular, prostate, lymphatic, ovarian, breast, and non‑HPV cervical cancer).
- Eligibility condition: claimant must have 60 or more months of active service at the time the cancer manifests.
- The cancer presumption applies only to claims against the Christopher R. Slezak fund (not directly against employers).
- Claims administration and fund mechanics:
- The Christopher R. Slezak first responder presumed coverage fund is established as a separate state treasury fund. The State Treasurer directs investments; the director administers the fund for auditing and pays claims from the fund.
- A claimant who seeks benefits from the fund must suspend any claim against his/her employer while receiving like benefits from the fund; if a redemption agreement with the fund is approved, the suspension may continue indefinitely.
- A claimant may not receive duplicate benefits for the same time period from both the fund and an employer.
- Rebuttal and exclusions:
- The cancer presumption can be rebutted by scientific evidence showing the worker was a substantial and consistent user of cigarettes or other tobacco products during the 10 years immediately preceding the injury and that such use was a significant factor in causing or aggravating the cancer.
- Mere evidence of a preexisting condition or an abstract medical opinion that employment was not the cause is not sufficient to overcome the presumption for fund claims.
- Procedural prerequisite:
- As a condition precedent to filing for benefits under these presumptions, claimants must first apply for any pension benefits to which they or a decedent may be entitled, or show ineligibility for such pension benefits.
Who is affected
- Primarily public safety personnel: full‑time members of municipal or public fire departments and public fire authorities; full‑time police; county sheriffs and deputies; state police; conservation officers; motor carrier enforcement officers; members of fully paid airport fire departments; certain forest fire and crash rescue officers.
- Under existing provisions (incorporated/retained in the text), part‑time, paid on‑call, volunteer, and former members may qualify for fund claims for specified cancers if diagnosed on/after Jan 1, 2022 and meeting active‑service thresholds.
- Employers of covered employees: employer claims may be suspended while an employee receives fund benefits and may have indirect fiscal effects (insurance/premium impacts).
- State government/fund administrators: increased responsibility to administer and finance the Christopher R. Slezak fund.
Potential impacts and considerations
- Expands workers’ compensation access for first responders and other essential public safety workers for respiratory, heart diseases, and enumerated cancers by creating presumptions favorable to claimants.
- May increase claims charged to the state fund, necessitating funding sources and administrative capacity.
- Shifts some liability away from employers to the state fund while preserving employer claim suspension rules and anti‑duplication provisions.
- The smoking/tobacco rebuttal provision limits automatic entitlement in some cases, and the pension‑first requirement affects claim timing and coordination with other benefits.
Compiled from official sources — confirm details with the bill’s official record.
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