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Presumptive Disability Law in Utah
 
CODE PART:
 
Utah Code
Title 49 Utah State Retirement and Insurance Benefit Act
Chapter 16 fire fighters' Retirement Act
49-16-102 Definitions
Title 34A Utah Labor Code
Chapter 02 Workers' Compensation Act
34A-2-901 Workers' compensation presumption for emergency medical services providers

Utah Legislative Website
 
 
DESCRIPTION:
 
49-16-102
Definitions
  1. "fire fighter service" means employment normally requiring an average of 2,080 hours of regularly scheduled employment per year rendered by a member who is a fire fighter service employee trained in fire fighter 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.
  2. "fire fighter service employee" means an employee of a participating employer who provides fire fighter service under this chapter. An employee of a regularly constituted fire department who does not perform fire fighter service is not a fire fighter service employee.
  3. "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 fire fighter service.
    1. A paid fire fighter who has five years of fire fighter service credit is eligible for a line-of-duty death or disability resulting from heart disease, lung disease, or respiratory tract condition.
    2. A paid fire fighter 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 fire fighter 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 fire fighter 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 fire fighter service.
  4. "Participating employer" means an employer which meets the participation requirements of Section 49-16-201.
  5. "Regularly constituted fire department" means a fire department that employs a fire chief who performs fire fighter service for at least 2,080 hours of regularly scheduled paid employment per year.
  6. "System" means the fire fighters' Retirement System created under this chapter.
    1. "Volunteer fire fighter" means any individual that is not regularly employed as a fire fighter service employee, but who:
      1. has been trained in fire fighter techniques and skills;
      2. continues to receive regular fire fighter training; and
      3. is on the rolls of a legally organized volunteer fire department which provides ongoing training and serves a political subdivision of the state.
    2. An individual that volunteers assistance but does not meet the requirements of Subsection (10)(a) is not a volunteer fire fighter for purposes of this chapter.
  7. "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 fire fighter service employee was employed by a participating employer or received full-time pay while on sick leave, including any time the fire fighter 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 78B-8-401, 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:
    1. 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
    2. 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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Copyright 2014 International Association of Fire Fighters.  Last Modified:  4/16/2014