Presumptive Disability Law in Oklahoma

Presumptive Health Initiative

CODE PART:
OKLAHOMA STATUTES
Title 11. Cities and Towns
Chapter 49 Oklahoma fire fighters Pension and Retirement System
110 Certificates of disability, presumptions, medical evidence and records

Oklahoma Legislative Website

DESCRIPTION:
Sec. 11-49-110.
Certificates of disability – Presumptions – Medical evidence and records.

  1. No fire fighter shall be retired, as provided in Section 49-109 of this title, or receive any pension from the System, unless there shall be filed with the State Board certificates of the fire fighter’s disability. Any member of the fire department of any municipality who is disabled as a result of heart disease, injury to the respiratory system, infectious disease, or the existence of any cancer which heart disease, injury to the respiratory system, infectious disease, or cancer was not revealed by the physical examination passed by the member upon entry into the department, shall be presumed to have incurred the heart disease, injury to the respiratory system, infectious disease, or cancer while performing the fire fighter’s duties as a member of such department unless the contrary is shown by competent evidence. As used in this section, “infectious disease” means hepatitis, human immunodeficiency virus, meningitis and tuberculosis. Effective November 10, 1999, the provisions of this subsection relating to infectious disease shall apply.
  2. Medical treatment based on the presumptions prescribed by subsection A of this section shall be provided by the municipality as a job-related illness until a court of competent jurisdiction determines that the presumption does not apply. If it is subsequently determined that the illness is not job-related, the workers’ compensation provider shall be reimbursed for expenditures made for health care services by the medical plan or benefit provided by the municipality for the employee.
  3. If any such member fails to submit evidence of a physical examination prior to entry into the fire department, there shall be no presumption the heart disease, injury to the respiratory system, infectious disease, or cancer was incurred while performing the fire fighter’s official duties and it shall be the duty of the State Board to determine if the heart disease, injury to the respiratory system, infectious disease, or cancer was incurred while performing the member’s official duties.