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Coverage: Heart Disease, Lung Disease, Infectious Disease, Cancer |
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| Code Part: Revised Code of Washington, Title 51, Industrial Insurance, Chapter 51.32, Compensation - Right to and amount Occupational diseases, presumption of occupational disease for fire fighters-limitations-exception-rules., RCW § 51.32.185, Washington Administrative Code (WAC) Title 296 Labor and Industries, Department of What tobacco use shall exclude a fire fighter from a presumption of coverage? § 296-14-330 When does a presumption of occupational disease for fire fighters apply?§ 296-14-310Definitions§ 296-14-315 Title 41 - Public employment, civil service, pensions.Chapter 41.26 - Law enforcement officers' and fire fighters' retirement system, Definitions.§ 41.26.030, RCW:§ 51.32.180§51.08.140 |
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Description:
RCW 51.32.185 Occupational diseases -- Presumption of occupational disease for fire fighters -- Limitations -- Exception -- Rules.
(1) In the case of fire fighters as defined in RCW 41.26.030(4) (a), (b), and (c) who are covered under Title 51 RCW and fire fighters, including supervisors, employed on a full-time, fully compensated basis as a fire fighter of a private sector employer's fire department that includes over fifty such fire fighters, there shall exist a prima facie presumption that: (a) Respiratory disease; (b) heart problems that are experienced within seventy-two hours of exposure to smoke, fumes, or toxic substances; (c) cancer; and (d) infectious diseases are occupational diseases under RCW 51.08.140. This presumption of occupational disease may be rebutted by a preponderance of the evidence. Such evidence may include, but is not limited to, use of tobacco products, physical fitness and weight, lifestyle, hereditary factors, and exposure from other employment or nonemployment activities.
(2) The presumptions established in subsection (1) of this section shall be extended to an applicable member following termination of service for a period of three calendar months for each year of requisite service, but may not extend more than sixty months following the last date of employment.
(3) The presumption established in subsection (1)(c) of this section shall only apply to any active or former fire fighter who has cancer that develops or manifests itself after the fire fighter has served at least ten years and who was given a qualifying medical examination upon becoming a fire fighter that showed no evidence of cancer. The presumption within subsection (1)(c) of this section shall only apply to primary brain cancer, malignant melanoma, leukemia, non-Hodgkin's lymphoma, bladder cancer, ureter cancer, and kidney cancer.
(4) The presumption established in subsection (1)(d) of this section shall be extended to any fire fighter who has contracted any of the following infectious diseases: Human immunodeficiency virus/acquired immunodeficiency syndrome, all strains of hepatitis, meningococcal meningitis, or mycobacterium tuberculosis.
(5) Beginning July 1, 2003, this section does not apply to a fire fighter who develops a heart or lung condition and who is a regular user of tobacco products or who has a history of tobacco use. The department, using existing medical research, shall define in rule the extent of tobacco use that shall exclude a fire fighter from the provisions of this section.
[2002 c 337 § 2; 1987 c 515 § 2.]
NOTES:
Legislative findings -- 1987 c 515: "The legislature finds that the employment of fire fighters exposes them to smoke, fumes, and toxic or chemical substances. The legislature recognizes that fire fighters as a class have a higher rate of respiratory disease than the general public. The legislature therefore finds that respiratory disease should be presumed to be occupationally related for industrial insurance purposes for fire fighters." [1987 c 515 § 1.]
RCW 41.26.030 Definitions (4) "Fire fighter" means:
(a) Any person who is serving on a full time, fully compensated basis as a member of a fire department of an employer and who is serving in a position which requires passing a civil service examination for fire fighter, and who is actively employed as such;
(b) Anyone who is actively employed as a full time fire fighter where the fire department does not have a civil service examination;
(c) Supervisory fire fighter personnel;
(d) Any full time executive secretary of an association of fire protection districts authorized under RCW 52.12.031. The provisions of this subsection (4)(d) shall not apply to plan 2 members;
(e) The executive secretary of a labor guild, association or organization (which is an employer under RCW 41.26.030(2) as now or hereafter amended), if such individual has five years previous membership in a retirement system established in chapter 41.16 or 41.18 RCW. The provisions of this subsection (4)(e) shall not apply to plan 2 members;
(f) Any person who is serving on a full time, fully compensated basis for an employer, as a fire dispatcher, in a department in which, on March 1, 1970, a dispatcher was required to have passed a civil service examination for fire fighter; and
(g) Any person who on March 1, 1970, was employed on a full time, fully compensated basis by an employer, and who on May 21, 1971, was making retirement contributions under the provisions of chapter 41.16 or 41.18 RCW.
RCW 51.08.140 "Occupational disease."
Occupational disease" means such disease or infection as arises naturally and proximately out of employment under the mandatory or elective adoption provisions of this title.
WAC 296-14-330 What tobacco use shall exclude a fire fighter from a presumption of coverage?
Heart problems experienced within seventy-two hours of exposure to smoke, fumes, or toxic substance - presumption shall apply only to fire fighters that never smoked tobacco or former smokers who last smoked two years or more prior to the cardiac event.
Asthma - presumption shall apply only to fire fighters that never smoked tobacco or former smokers who last smoked five years or more before date of manifestation of the disease
COPD/emphysema/chronic bronchitis - presumption shall apply only to fire fighters that never smoked tobacco or former smoker who last smoked fifteen years or more before date of manifestation of the disease
Lung cancer - presumption shall apply only to fire fighters that never smoked or former smoker who last smoked fifteen years or more before date of manifestation of the disease
WAC 296-14-310 When does a presumption of occupational disease for fire fighters apply?
RCW 51.32.185 specifies a presumption that certain medical conditions are occupational diseases for fire fighters. Those conditions are heart problems experienced within seventy-two hours of exposure to smoke, fumes, or toxic substances; respiratory disease; specific cancers as defined by RCW 51.32.185; and infectious diseases as defined by RCW 51.32.185.
For claims filed on or after July 1, 2003, the presumption may notapply to heart or lung conditions if a fire fighter is a user of tobacco products.
When the presumption does not apply, the claim is not automatically denied. However, the burden is on the worker to prove that the condition is an occupational disease.
WAC 296-14-315 Definitions.
(1) Tobacco products: For purposes of this rule, tobacco products are limited to those that are smoked, including cigarettes, pipes and cigars.
(2) User of tobacco products: For the purposes of this rule, a user of tobacco products is a "smoker."
(3) Current smoker: A current smoker is a regular user of tobacco products, has smoked tobacco products at least one hundred times in his/her lifetime, and as of the date of manifestation did smoke tobacco products at least some days.
(4) Former smoker: A former smoker has a history of tobacco use, has smoked tobacco products at least one hundred times in his/her lifetime, but as of the date of manifestation did not smoke tobacco products.
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