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Coverage: Heart Disease, Lung Disease |
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Code Part: Utah Code Title 49, Utah State Retirement and Insurance Benefit Act, Chapter 16 Firefighters' Retirement Act, definitions (49-16- 102), Disability retirement - Disability allowance eligibility - Conversion to service retirement - Examinations - Reemployment (49-16-602).
34A-2-901. Workers' compensation presumption for emergency medical services providers. |
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Description:
49-16-102. Definitions
(4) "Firefighter service" means employment normally requiring an average of 2,080 hours of regularly scheduled employment per year rendered by a member who is a firefighter service employee trained in firefighter techniques and assigned to a position of hazardous duty with a regularly constituted fire department, but does not include secretarial staff or other similar employees.
(5) "Firefighter service employee" means an employee of a participating employer who provides firefighter service under this chapter. An employee of a regularly constituted fire department who does not perform firefighter service is not a firefighter service employee.
(6) "Line-of-duty death or disability" means a death or any physical or mental disability resulting from external force, violence, or disease directly resulting from firefighter service.
(a) A paid firefighter who has five years of firefighter service credit is eligible for a line-of-duty death or disability resulting from heart disease, lung disease, or respiratory tract condition.
(b) A paid firefighter who receives a service connected disability benefit for more than six months due to violence or illness other than heart disease, lung disease, or respiratory tract condition, and then returns to paid firefighter service, may not be eligible for a line-of-duty death or disability benefit due to heart disease, lung disease, or respiratory tract condition for two years after the firefighter returned to work unless clear and convincing evidence is presented that the heart disease, lung disease, or respiratory tract condition was directly a result of firefighter service.
(8) "Regularly constituted fire department" means a fire department that employs a fire chief who performs firefighter service for at least 2,080 hours of regularly scheduled paid employment per year.
(9) "System" means the Firefighters' Retirement System created under this chapter.
(11) "Years of service credit" means the number of periods, each to consist of 12 full months as determined by the board, whether consecutive or not, during which a firefighter service employee was employed by a participating employer or received full-time pay while on sick leave, including any time the firefighter service employee was absent in the service of the United States on military duty.
34A-2-901. Workers' compensation presumption for emergency medical services providers.
(1) An emergency medical services provider who claims to have contracted a disease, as defined by Section 78-29-101, as a result of a significant exposure in the performance of his duties as an emergency medical services provider, is presumed to have contracted the disease by accident during the course of his duties as an emergency medical services provider if:
(a) his employment or service as an emergency medical services provider in this state commenced prior to July 1, 1988, and he tests positive for a disease during the tenure of his employment or service, or within three months after termination of his employment or service; or
(b) the individual's employment or service as an emergency medical services provider in this state commenced on or after July 1, 1988, and he tests negative for any disease at the time his employment or service commenced, and again three months later, and he subsequently tests positive during the tenure of his employment or service, or within three months after termination of his employment or service.
(2) Each emergency medical services agency shall inform the emergency medical services providers that it employs or utilizes of the provisions and benefits of this section at commencement of and termination of employment or service.
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