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Presumptive Disability Law in Kentucky

Presumptive Health Initiative

CODE PART:
Kentucky Revised Statutes
Chapter 61 – General Provisions
.316 – .315 Benefits payable on death of certain peace officers, firefighters, correctional officers, jailers, members of a state National Guard or Reserve component, and emergency medical services personnel

Kentucky Legislative Website

  1.  
    1. For the purposes of this section, if a firefighter dies as a result of cancer, the death shall be a direct result of an act in the line of duty if the firefighter: 
      1. Was a firefighter for at least five (5) consecutive years; 
      2. Developed one (1) or more of the cancers listed in paragraph (b) of this subsection which caused the firefighter’s death within ten (10) years of separation from service as a firefighter; 
      3. Did not use tobacco products for a period of ten (10) years prior to the diagnosis of cancer; 
      4. Was under the age of sixty-five (65) at the time of death; 
      5. Was not diagnosed with any cancer prior to employment as a firefighter; and 
      6. Was exposed while in the course of firefighting to a known carcinogen as defined by the International Agency for Research on Cancer or the National Toxicology Program, and the carcinogen is reasonably associated with one (1) or more of the cancers listed in paragraph (b) of this subsection. 
    2. This section shall apply to the following cancers: 
      1. Bladder cancer; 
      2. Brain cancer; 
      3. Colon cancer; 
      4. Non-Hodgkin’s lymphoma; 
      5. Kidney cancer; 
      6. Liver cancer; 
      7. Lymphatic or haematopoietic cancer; 
      8. Prostate cancer; 
      9. Testicular cancer; 
      10. Skin cancer; 
      11. Cervical cancer; and 
      12. Breast cancer. 
    3.  
      1. The provisions of this subsection creating an entitlement to the line of duty death benefits shall apply exclusively to this section and shall not be interpreted or otherwise construed to create either an express or implied presumption of work-relatedness for any type of claim filed pursuant to KRS Chapter 342. 
      2. This paragraph is intended to provide clarification regarding the sole and exclusive application of this subsection to only the benefits available 
        under this section and shall not be used as a bar or other type of limitation to impair or alter the rights and ability of a claimant to prove work – relatedness under KRS Chapter 342 or other laws. 

Effective: July 15, 2016 

Section 1. KRS 210.365 is amended to read as follows 

4 (a) A post-traumatic stress injury that arises solely from a legitimate personnel action such as transfer, promotion, or termination shall not be considered a compensable injury. 

(b) Post-traumatic stress injury and post-traumatic stress disorder shall be defined as set out by the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders. 

(c) The firefighter shall be diagnosed, by a psychiatrist, psychologist, or professional counselor credentialed under the provisions of KRS 335.500 to 335.599, with post-traumatic stress injury or post-traumatic stress disorder that has been caused by an event or an accumulation of events that have occurred in the course and scope of their employment as a full-time, career or volunteer firefighter, regardless of whether or not there is an initial physical injury. 

(d) Once diagnosed, if a firefighter seeks mental health treatment, after in-network health insurance has been utilized, he or she may submit corresponding receipts for medical bills paid by the firefighter to the commission for reimbursement to the firefighter of out-of-pocket costs incurred from the funds specifically allocated in the commission’s budget for firefighter mental health treatment. The firefighter shall pay his or her out-of-pocket share for the mental health treatment before submitting for reimbursement. 

(e) From the time a firefighter seeks mental health treatment, there shall be a 12 maximum limit of twelve (12) months for the benefit described in paragraph 13 (d) of this subsection.