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HB 4729

Worker's compensation: disabilities; presumption of causation of heart and respiratory diseases; extend to certain members of police, fire, and public safety departments. Amends sec. 405 of 1969 PA 317 (MCL 418.405).

2023-2024 Regular Session Introduced by Abraham Aiyash and 13 co-sponsors

Expands workers' comp presumption for heart and respiratory diseases to cover part-time, paid-on-call, and volunteer public safety personnel during active service.

REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS
#lawenforcement:firepersonnel #lawenforcement:localpolice #worker'scompensation:disabilities
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Bill Summary · HB 4729

Summary — HB 4729 (Amendment to MCL 418.405): Worker’s compensation presumptions for heart/respiratory diseases; expansion to part‑time, paid on‑call, and volunteer public safety personnel

At a glance

  • Title: Worker’s compensation: disabilities; presumption of causation of heart and respiratory diseases; extend to certain members of police, fire, and public safety departments. (Amends MCL 418.405)
  • Primary sponsor: Rep. Curtis S. VanderWall (with many cosponsors)
  • Introduced / filed: March 13, 2025 (bill history includes earlier filings and a House-passed substitute H‑1)
  • Current status: Referred to Committee on Government Operations
  • Related bill: SB 2372 (companion)

Purpose / intent

HB 4729 expands statutory “presumed” workers’ compensation coverage for respiratory and heart diseases (and resulting illnesses) so that not only full‑time but also part‑time, paid on‑call, and volunteer members of certain fire, police, and public‑safety organizations may qualify automatically—absent evidence to the contrary—when the disease manifests during active service and results from job duties.

Key provisions

  • Amends section 405 of the Worker’s Disability Compensation Act (MCL 418.405) to expressly include full‑time, part‑time, and paid on‑call members (and in some versions volunteers) of:
    • Fully paid airport fire departments (county, public airport authority, or state university/college)
    • Fully paid fire or police departments of cities, townships, or villages
    • Fully paid fire or public safety departments or public fire authorities
    • County sheriffs and deputies; state police members; conservation officers; forest fire officers; and officers of the State Police Motor Carrier Enforcement Division
  • Declares respiratory and heart diseases (and illnesses resulting therefrom) that develop during active service and from performance of duties to be “personal injury” presumed to arise out of employment unless evidence shows otherwise.
  • Retains condition that claimants must first apply for (and either obtain or be shown ineligible for) pension benefits before filing for benefits under this section.
  • Subsection (2) (as in the H‑1/substitute) links certain cancer claims (many enumerated cancers) by qualifying firefighters/forest fire officers to the Christopher R. Slezak First Responder Presumed Coverage Fund:
    • Applies to members/former members with 60+ months active service.
    • For cancers diagnosed on or after Jan. 1, 2022, claimants may suspend employer claims and pursue like benefits from the Fund.
    • The presumption for Fund claims can be rebutted by scientific evidence that heavy tobacco use in the prior 10 years was a significant factor.
  • Administrative rules: procedures for suspension of employer claim, limitations on double recovery, and Fund administration are included in existing statute language carried forward.

Who is affected

  • Expands eligibility from primarily full‑time personnel to include many part‑time, paid on‑call, and volunteer personnel in local fire, public safety, and police departments and certain state and county public safety officers.
  • Estimated expanded coverage (House Fiscal Agency figures):
    • Current full‑time firefighters: ~8,670
    • Total full‑time, part‑time, paid on‑call, volunteer firefighters: ~31,046 (approximate increase of 22,376 newly eligible)
    • Total law enforcement (full/part/paid on‑call/volunteer): ~16,514 (previously only full‑time law enforcement were eligible)
  • Employers affected: primarily local units of government (cities, townships, villages, public fire authorities, airport authorities). The state’s fiscal exposure is characterized as minimal.

Fiscal impact

  • House Fiscal Agency: likely increase in local government workers’ compensation costs of an indeterminate amount, depending on number of additional claims and payments; no significant fiscal impact estimated for the State.
  • Opponents raised concerns about municipalities’ ability to plan for added costs and suggested using the Slezak Fund surplus as an alternative funding source.

Procedural / timeline highlights

  • Substitute H‑1 was adopted by the House (12/12/2024) and the bill was passed by the House (12/12/2024) with immediate effect indicated at that stage.
  • Current legislative record (per provided actions) shows subsequent referral to committee(s) including Government Operations and Families & Veterans; status should be checked for most recent committee action.

Support and opposition (recorded in committee materials)

  • Supporters: Michigan Association of Fire Chiefs, Delhi Township Fire Department, Michigan Nurses Association, Northern Michigan Fire Chiefs, UFCW Local 876 (testimony/support).
  • Opponents: Michigan Municipal League, Accident Fund, Blue Cross Blue Shield of Michigan, Insurance Alliance of Michigan, Michigan Association of Counties, Michigan Townships Association (concerns about cost).

Notes

  • The bill continues provisions requiring claimants to seek pension benefits first and contains rebuttal standards (e.g., tobacco use) for cancer claims made to the Slezak Fund.
  • Exact text and operation depend on which enacted version is adopted; readers should consult the current bill text and MCL 418.405 for precise statutory language.

Compiled from official sources — confirm details with the bill’s official record.

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