IAFF: PSOB

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Manitoba

Coverage: Cancer, Heart Disease

Code Part: C.C.S.M. c. W200 The Workers Compensation Act

Description: Definitions 4(5.1) In this section, "full-time firefighter" means a full-time member of a fire fighting department; (« pompier à temps plein ») "part-time firefighter" means a casual, volunteer or part-time member of a municipal fire brigade. (« pompier à temps partiel ») Presumption re cancer and firefighters 4(5.2) If a worker who is or has been a full-time firefighter or part-time firefighter suffers an injury that is (a) a primary site brain cancer; (b) a primary site bladder cancer; (c) a primary site kidney cancer; (d) a primary non-Hodgkin's lymphoma; (e) a primary leukemia; (f) a primary site colorectal cancer; (g) a primary site ureter cancer; or (h) a primary site lung cancer; the injury must be presumed to be an occupational disease the dominant cause of which is the employment as a firefighter, unless the contrary is proven. Application of presumption re cancer 4(5.3) The presumption in subsection (5.2) applies to a worker (a) who has been employed as a full-time firefighter or part-time firefighter for a minimum period prescribed by the Lieutenant Governor in Council by regulation; and (b) who has been regularly exposed to the hazards of a fire scene, other than a forest-fire scene, throughout that period of employment. Additional requirement re lung cancer 4(5.4) In addition to the requirements of subsection (5.3), the presumption for a primary site lung cancer applies only to a worker who has been a non-smoker immediately before the day of the accident for a minimum period of time prescribed by the Lieutenant Governor in Council by regulation. Effective date of presumption re cancer 4(5.5) The presumption in subsection (5.2) applies to accidents that happen to (a) full-time firefighters on or after January 1, 1992; or (b) part-time firefighters on or after the day this subsection comes into force. Presumption re heart injury to firefighters 4(5.6) If a worker who is a full-time firefighter or part-time firefighter suffers an injury to the heart within 24 hours after attendance at an emergency response, the injury must be presumed to be an accident arising out of and in the course of the employment, unless the contrary is proven.

Manitoba 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.

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Copyright © 2009 International Association of Fire Fighters. Last Modified: 11/21/2009