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Presumptive Disability Law in Vermont
 
CODE PART:
 
Vermont Statutes
TITLE 21 Labor
CHAPTER 9. EMPLOYER'S LIABILITY AND WORKERS' COMPENSATION
Sec. 601 Definitions.

Vermont Legislative Website
 
 
DESCRIPTION:
 
  1. In the case of fire fighters, as defined in 20 V.S.A. Sec. 3151(3) and (4), disability or death from heart injury or heart disease that becomes symptomatic within 72 hours of service in the line of duty shall be presumed to be compensable.
  2. "Line of duty," as applied to fire fighters and rescue and ambulance workers means one or more of the following:
    1. Service in the worker's town or district, in answer to a call of the department, including going to and returning from a fire or emergency or participating in a fire or emergency drill, parade, test, or trial of any firefighting or emergency equipment.
    2. Similar service in another town or district to which the department has been called for firefighting or emergency purposes.
    3. Service under orders of any department officer in any other emergency to which the department is called in the town or district where the department is established.
    4. Activities authorized by the department for the purpose of raising funds for the department.
  3. In the case of a fire fighter, as defined in 20 V.S.A. Sec. 3151(3) and (4), who suffers death or disability from a cancer listed in subdivision (iv) of this subdivision (E), the fire fighter shall be presumed to have suffered the cancer as a result of exposure to conditions in the line of duty, unless it is shown by a preponderance of the evidence that the cancer was caused by non-service-connected risk factors or non-service-connected exposure, provided:
    1. The fire fighter completed an initial and any subsequent cancer screening evaluations as recommended by the American Cancer Society based on the age and sex of the fire fighter prior to becoming a fire fighter or within two years of the effective date of this act, and the evaluation indicated no evidence of cancer.
    2. The fire fighter was engaged in firefighting duties or other hazardous activities over a period of at least five years in Vermont prior to the diagnosis.
    3. The presumption shall not apply to any fire fighter who has used tobacco products at any time within ten years of the date of diagnosis.
    4. The disabling cancer shall be limited to leukemia, lymphoma, or multiple myeloma, and cancers originating in the bladder, brain, colon, gastrointestinal tract, kidney, liver, pancreas, skin, or testicles.
    5. The fire fighter is under the age of 65.
  4. A fire fighter who is diagnosed with cancer within ten years of the last active date of employment as a fire fighter shall be eligible for benefits under this subdivision. The date of injury shall be the date of the last injurious exposure as a fire fighter.
  5. It is recommended that fire departments maintain incident report records for at least ten years.
 
 
 
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