SB 1079 Prohibits a person from bringing a claim for injuries caused by silica unless the person can present certain evidence
Sponsor: Hegeman
LR Number: 6774S.01I Fiscal Notes
Committee: Government Reform
Last Action: 4/4/2018 - Hearing Conducted S Government Reform Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2018

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Current Bill Summary

SB 1079 - This act establishes the "Silica Claims Priorities Act."

Under the act, a person is prohibited from bringing a claim alleging injury caused by the inhalation of silica unless the person can make a prima facie showing of physical impairment, resulting from a medical condition for which silica exposure is a substantial factor.

A prima facie showing shall include the following: 1) evidence verifying the physician has taken occupational, exposure, medical, and smoking history from the exposed person; 2) evidence verifying that the exposed person has silicosis; 3) evidence verifying there has been a sufficient latency period; 4) a determination that the exposed person had a permanent respiratory impairment rating of at least Class 2; and 5) evidence verifying that the exposed person's impairment was not more probably caused by something other than silica exposure.

This act is identical to provisions in SCS/sB 1102 (2018) and substantially similar to HB 2635 (2018).