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Presumptive Disability Law in Tennessee
 
CODE PART:
 
Title 7 Consolidated Governments
Chapter 51 Miscellaneous Governmental and Proprietary Functions
Part 2 Employee Compensation and Indemnification
Sec. 7-51-201. Law enforcement officers and fire fighters - Compensation for injury or death - Certain disabilities presumed to have been suffered in course of employment.
Sec. 7-51-205. fire fighters - Disease, cancer or death - Presumptions.

Tennessee Legislative Website
 
 
DESCRIPTION:
 
Sec. 7-51-201.
Law enforcement officers and fire fighters - Compensation for injury or death - Certain disabilities presumed to have been suffered in course of employment. (b)(1) Whenever the state of Tennessee, or any municipal corporation or other political subdivision of the state maintains a regular fire department manned by regular and full-time employees and has established or hereafter establishes any form of compensation, other than workers' compensation, to be paid to such fire fighters for any condition or impairment of health that results in loss of life or personal injury in the line of duty or course of employment, there shall be and there is hereby established a presumption that any impairment of health of such fire fighters caused by disease of the lungs, hypertension or heart disease resulting in hospitalization, medical treatment or any disability, shall be presumed, unless the contrary is shown by competent medical evidence, to have occurred or to be due to accidental injury suffered in the course of employment. Any such condition or impairment of health which results in death shall be presumed, unless the contrary is shown by competent medical evidence, to be a loss of life in line of duty, and to have been in the line and course of employment, and in the actual discharge of the duties of such fire fighter's position, or the sustaining of personal injuries by external and violent means or by accident in the course of employment and in the line of duty. Such fire fighter shall have successfully passed a physical examination prior to such claimed disability, or upon entering upon governmental employment, and such examination fails to reveal any evidence of the condition or disease of the lungs, hypertension or heart disease.

Sec. 7-51-205.
fire fighters - Disease, cancer or death - Presumptions.
  1. For the purposes of this section, “fire fighter” means any regular and full-time employee of a county with a metropolitan government with a population of four hundred thousand (400,000) or more, according to the 1980 federal census or any subsequent federal census, who is required to extinguish and control fires or fire-related incidents and other employees of fire departments who are required to perform their duties under and in a toxic environment.
  2. Any county with a metropolitan form of government with a population of four hundred thousand (400,000) or more, according to the 1980 federal census or any subsequent federal census, that maintains a regular fire department manned by regular and full-time employees, and has established or hereafter establishes any form of compensation, other than workers' compensation, to be paid to such fire fighters for any condition or impairment of health that results in loss to life or personal injury in the line of duty or course of employment, may establish by ordinance a presumption that any impairment of health of such fire fighter caused by disease or cancer resulting in hospitalization, medical treatment or any disability, shall be presumed, unless the contrary is shown by competent medical evidence, to have occurred or to be due to accidental injury suffered in the course of employment. Any such condition or impairment of health that results in death shall be presumed, unless the contrary is shown by competent medical evidence, to be a loss of life in the line of duty, and to have been in the line and course of employment, and in the actual discharge of the duties of such fire fighter's position, or the sustaining of personal injuries by external and violent means or by accident in the course of employment and in the line of duty; provided, that such fire fighter shall have successfully passed a physical examination prior to such claimed disability, or upon entering upon such fire fighter's metropolitan government employment, and such examination fails to reveal any evidence of the condition of cancer.
 
 
 
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