IAFF: PSOB

Username:

Password:

Arizona

Coverage: Cancer, Infectious Disease

Code Part: Arizona Code, Title 23, Labour Chapter 6, Workers' Compensation Article 1 - Scope of Workers' Compensation Occupational disease; proximate causation; definition § 23-901.01, HB 2393 passed Feb 2001, SB1197 passed April 2003

Description: 23-901.01. Occupational disease; proximate causation; definitions A. The occupational diseases as defined by section 23-901, paragraph 13, subdivision (c) shall be deemed to arise out of the employment only if all of the following six requirements exist: 1. There is a direct causal connection between the conditions under which the work is performed and the occupational disease. 2. The disease can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment. 3. The disease can be fairly traced to the employment as the proximate cause. 4. The disease does not come from a hazard to which workers would have been equally exposed outside of the employment. 5. The disease is incidental to the character of the business and not independent of the relation of employer and employee. 6. The disease after its contraction appears to have had its origin in a risk connected with the employment, and to have flowed from that source as a natural consequence, although it need not have been foreseen or expected. B. Notwithstanding subsection A of this section and section 23-1043.01, any disease, infirmity or impairment of a firefighter's or peace officer's health that is caused by brain, bladder, rectal or colon cancer, lymphoma, leukemia or aden carcinoma or mesothelioma of the respiratory tract and that results in disability or death is presumed to be an occupational disease as defined in section 23-901, paragraph 13, subdivision (c) and is deemed to arise out of employment. The presumption is granted if all of the following apply: 1. The firefighter or peace officer passed a physical examination before employment and the examination did not indicate evidence of cancer. 2. The firefighter or peace officer was assigned to hazardous duty for at least five years. 3. The firefighter or peace officer was exposed to a known carcinogen as defined by the international agency for research on cancer and informed the department of this exposure, and the carcinogen is reasonably related to the cancer. C. Subsection B of this section applies to former firefighters and peace officers who are sixty-five years of age or younger. D. Subsection B of this section does not apply to cancers of the respiratory tract if the firefighter or peace officer has smoked tobacco products. E. For the purposes of this section: 1. "Firefighter" means a full-time firefighter who was regularly assigned to hazardous duty. 2. "Peace officer" means a full-time peace officer who was regularly assigned to hazardous duty as a part of a special operations, special weapons and tactics, explosive ordinance disposal or hazardous materials response unit. The presumption related to cancers of the respiratory tract does not apply if the firefighter has used tobacco products.

Arizona Legislative Web Site

As our state and provincial associations are continuing to introduce and pass presumptive legislation through their legislative efforts, this database will soon need updating. If in reading the legislation in your state or province you realize that our information is not the latest, please click HERE to submit your changes for review.

International Association of Fire Fighters
1750 New York Ave., NW, Washington, DC 20006 • 202.737.8484 • 202.737.8418 (Fax)
Copyright © 2009 International Association of Fire Fighters. Last Modified: 11/21/2009