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Coverage: Cancer, Infectious disease |
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Code Part: TITLE 8 LABOR AND INDUSTRY,
LABOR II - WORKERS' COMPENSATION AND RELATED PROVISIONS,
ARTICLE 41 COVERAGE AND LIABILITY,
PART 2 COVERAGE,
8-41-208. Coverage for job-related exposure to or contraction of hepatitis C,
8-41-209. Coverage for occupational diseases contracted by firefighters. |
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Description:
8-41-208. Coverage for job-related exposure to or contraction of hepatitis C. Statute text (1) The exposure to or contraction of hepatitis C by a firefighter, emergency services provider, or peace officer, as described in section 16-2.5-101, C.R.S., shall be presumed to be within the course and scope of employment if the following conditions are satisfied: (
a) A baseline test shall be provided by the employer, or if insured, by the insurer, to be performed within five days after the employee reports the on-the-job exposure. The employee must report the exposure within two days after the employee knew or reasonably should have known of the exposure;
(b) The baseline test establishes that the employee was not infected with hepatitis C at the time of the on-the-job exposure;
(c) The employee complies with reasonable and necessary medical procedures set forth in section 8-42-101 (1) (c);
(d) The employee is determined to have hepatitis C within twenty-four months after the on-the-job exposure to the known or possible source. (2) The exposure to or contraction of hepatitis C by a firefighter, emergency services provider, or peace officer, as described in section 16-2.5-101, C.R.S., shall not be deemed to be within the course and scope of employment if an employer or insurer shows by a preponderance of the evidence that such exposure or contraction did not occur on the job.
8-41-209. Coverage for occupational diseases contracted by firefighters.
(1) Death, disability, or impairment of health of a firefighter of any political subdivision who has completed five or more years of employment as a firefighter, caused by cancer of the brain, skin, digestive system, hematological system, or genitourinary system and resulting from his or her employment as a firefighter, shall be considered an occupational disease.
(2) Any condition or impairment of health described in subsection (1) of this section:
(a) Shall be presumed to result from a firefighter's employment if, at the time of becoming a firefighter or thereafter, the firefighter underwent a physical examination that failed to reveal substantial evidence of such condition or impairment of health that preexisted his or her employment as a firefighter; and
(b) Shall not be deemed to result from the firefighter's employment if the firefighter's employer or insurer shows by a preponderance of the medical evidence that such condition or impairment did not occur on the job.
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