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Presumptive Disability Law in Colorado
 
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 fire fighters.

Colorado Legislative Website
 
 
DESCRIPTION:
 
8-41-208.
Coverage for job-related exposure to or contraction of hepatitis C.
  1. The exposure to or contraction of hepatitis C by a fire fighter, 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:
    1. 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;
    2. The baseline test establishes that the employee was not infected with hepatitis C at the time of the on-the-job exposure;
    3. The employee complies with reasonable and necessary medical procedures set forth in section 8-42-101 (1) (c);
    4. 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 fire fighter, 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 fire fighters.
  1. Death, disability, or impairment of health of a fire fighter of any political subdivision who has completed five or more years of employment as a fire fighter, caused by cancer of the brain, skin, digestive system, hematological system, or genitourinary system and resulting from his or her employment as a fire fighter, shall be considered an occupational disease.
  2. Any condition or impairment of health described in subsection (1) of this section:
    1. Shall be presumed to result from a fire fighter's employment if, at the time of becoming a fire fighter or thereafter, the fire fighter 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 fire fighter; and
    2. Shall not be deemed to result from the fire fighter's employment if the fire fighter'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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