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Presumptive Disability Law in Alberta
 
CODE PART:
 
ALBERTA REGULATION 102/2003
Workers’ Compensation Act
Part 4 Compensation Entitlement, Application and Payment

Alberta Legislative Website
 
 
DESCRIPTION:
 
Presumption re fire fighters

24.1(1)
  1. In this section,
    1. "fire fighter" means an employee, including officers and technicians, employed by a municipality or Metis settlement and assigned exclusively to fire protection and fire prevention duties notwithstanding that those duties may include the performance of ambulance or rescue services;
    2. "municipality" means a municipality as defined in the Municipal Government Act.
  2. If a worker who is or has been a fire fighter suffers an injury that is a primary site cancer of a type specified in the regulations, the injury shall be presumed to be an occupational disease, the dominant cause of which is the employment as a fire fighter, unless the contrary is proven.
  3. The presumption in subsection (2) applies only to a worker who has been a full-time member of a fire protection service of a municipality or Metis settlement for a minimum period prescribed by the Lieutenant Governor in Council by regulation and who has been regularly exposed to the hazards of a fire scene, other than a forest-fire scene, throughout that period.
  4. The Lieutenant Governor in Council shall make regulations
    1. designating primary site cancers to which the presumption in subsection (2) applies;
    2. prescribing periods of employment for the purpose of subsection (3) which may be different for the different diseases designated under clause (a).
  5. The Board must prepare a report on the status of research on whether injuries that are designated in regulations under subsection (4) are occupational diseases, the dominant cause of which is the employment as a casual or part-time member of a fire protection service of a municipality or Metis settlement, and submit it to the Minister no later than 3 years after the coming into force of this section.
  6. The Minister shall table a copy of the report prepared under subsection (5) before the Legislative Assembly within 15 days of receiving it if the Assembly is sitting or, if it is not, within 15 days after the beginning of the next sitting.
  7. If a worker who is a fire fighter suffers a myocardial infarction within 24 hours after attendance at an emergency response, the myocardial infarction shall be presumed to have arisen out of and occurred during the course of employment as a fire fighter unless the contrary is proven.
fire fighterS’ PRIMARY SITE CANCER REGULATION

Definitions
  1. In this Regulation,
    1. "Act" means the Workers’ Compensation Act;
    2. "non-smoker" means an individual who has not smoked a tobacco product in the 10 years prior to the date of diagnosis of a primary site cancer.
    Designated cancers and periods of employment
  2. For the purpose of section 24.1(4) of the Act, the primary site cancers and the minimum period of exposure for each disease are the following:
PRIMARY SITE CANCERS MINIMUM PERIOD OF REGULAR EXPOSURE TO THE HAZARDS OF A FIRE SCENE
Primary leukemia 5 years
Primary site brain cancer 10 years
Primary site bladder cancer 15 years
Primary site lung cancer in non-smokers 15 years
Primary site ureter cancer 15 years
Primary site kidney cancer 20 years
Primary site colorectal cancer 20 years
A primary non-Hodgkins lymphoma 20 years
 
 
 
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