Presumptive Disability Law in Prince Edward Island

Presumptive Health Initiative

CODE PART:

Workers Compensation Act
Presumption, heart injury to fire inspector or firefighter
84.1 Occupational disease, fire inspector or firefighter

Prince Edward Island Legislative Website

DESCRIPTION:

(m.2) “fire inspector” means an inspector as defined in the Fire Prevention Act R.S.P.E.I. 1988, Cap. F-11; (m.3) ìfirefighterî means a full-time, part-time, casual or volunteer member of a fire department or fire brigade;

Presumption, heart injury to fire inspector or firefighter

(4.5) Where a worker who is a fire inspector or a firefighter suffers a heart attack, cardiac arrest or heart arrhythmia within 24 hours of responding to an emergency call or dispatch, it is presumed that personal injury by accident arising out of and in the course of employment has been caused to the worker, unless the contrary is shown.

84.1 Occupational disease, fire inspector or firefighter

(1) For the purposes of section 84, where a worker who is or has been a fire inspector or firefighter suffers from a prescribed disease, the worker is presumed to suffer from an occupational disease due to the nature of the workerís employment, which shall be presumed to be the dominant cause of the occupational disease, if the worker (a) has been or was employed as a fire inspector or firefighter for a prescribed minimum period of time prior to the accident date referred to in subsection 84(1.1); (b) was exposed to the hazards of a fire, other than a forest fire or wild fire, in the course of employment as a fire inspector or firefighter; and (c) meets any other prescribed requirement.
(2) The Lieutenant Governor in Council may make regulations (a) prescribing diseases for the purpose of subsection (1); (b) prescribing minimum periods of employment for the purpose of clause (1)(a), which may be specific to a particular prescribed disease; (c) prescribing additional requirements for the purpose of clause (1)(c), which may be specific to a particular prescribed disease. 2018,c.64,s.9.

9.1 Occupational diseases, fire inspector or firefighter
(1) The diseases and corresponding minimum periods of employment set out in the following table are prescribed for the purposes of subsection 84.1(1) of the Act:

Disease Minimum Period of Employment
Primary site brain cancer 10 years
Primary site bladder cancer 15 years
Primary site colorectal cancer 15 years
Primary site esophageal cancer 25 years
Primary leukemia 5 years
Primary site lung cancer 15 years
Primary site kidney cancer 20 years
Primary non-Hodgkin’s lymphoma 20 years
Primary site testicular cancer 10 years
Primary site ureter cancer 15 years
Primary site breast cancer 10 years
Multiple myeloma 15 years
Primary site prostate cancer 15 years
Primary site skin cancer 15 years

Primary site lung cancer, additional requirement
(2) The presumption in subsection 84.1(1) of the Act does not apply to a fire inspector or firefighter in respect of primary site lung cancer unless the worker did not smoke a tobacco product in the ten years prior to the accident date referred to in subsection 84(1.1) of the Act. (EC794/18)

Presumption, trauma- and stressor-related disorders

(4.1) Subject to subsection (4.2), it shall be presumed that personal injury by accident arising out of and in the course of employment has been caused to a worker, unless the contrary is shown, where the worker is

(a) exposed in the course of employment to a traumatic event or events of a type specified in the DSM as a trigger for trauma- and stressor-related disorders, including posttraumatic stress disorder; and

(b) diagnosed with trauma- and stressor-related disorders, including post-traumatic stress disorder, in accordance with the DSM by a psychiatrist or psychologist.