BILL NUMBER: S5863

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the volunteer firefighters' benefit law, in relation to
the cost for legal services in connection with any claim arising under
such law

 
PURPOSE:

The purpose of this bill is to enable a claimant to recover the cost for
legal services in connection with any claim arising under the volunteer
firefighters' benefits law.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would enable a claimant to request that the Work-
ers' Compensation Board assess the cost for legal services in connection
with any claim arising under the volunteer firefighter's benefits law
upon the insurance carrier and enable the board to designate such deter-
mination in accordance with the applicable schedule.
              

Section 2 of this bill provides that the effective date shall take
effect on the one hundred and twentieth day after it shall have become a
law.

 
JUSTIFICATION:

In 2022, volunteer firefighter Arthur Hudson suffered a cardiac arrest
while working on call. Unfortunately, since this incident, Mr. Hudson
has been burdened by outstanding medical debt and attorney's fees. An
incident like this could happen to any one of the volunteer firefighters
that serve the 1,800 volunteer fire districts across the State. Volun-
teer firefighters, who dedicate their free time to saving lives, should
not be encumbered with legal fees connected to injury or death that
occurs while in the line of duty.

Currently, the payment of attorney's fees are included within a claim-
ant's compensation award. This means that the fees are taken out of the
award amount as a percentage as determined by the Workers' Compensation
Board. This bill would enable a claimant to recover legal fees, which
would not be subtracted from the total amount of the claimant's award,
as is currently done. Rather, the bill would allow the Workers' Compen-
sation Board to assess the cost for legal fees against the insurance
company, including the requirement that the fee be commensurate with the
service rendered.

This bill would be especially beneficial to volunteer firefighters, who
often have to pay at least a portion of their attorney's fees out of
pocket when they file a claim. Such legal fees can cause great financial
stress. Claimants like Mr. Hudson number among the over 100,000 volun-
teer firefighters across the State who work to save the lives of count-
less individuals on a daily basis.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill will take effect on the one hundred and twentieth day after it
shall have become a law.