Presumptive Disability Law in Rhode Island

CODE PART:
State of Rhode Island General Laws
Title 45 Towns and Cities
CHAPTER 45-19 Relief of Injured and Deceased Fire Fighters and Police Officers
Sec. 45-19-16 Presumption of disability in the line of fire fighting duty

CHAPTER 45-19.1 Cancer Benefits For Fire Fighters
Sec. 45-19.1-3 Occupational cancer disability for fire fighters

Title 23 Health and Safety
CHAPTER 23-28.36 Notification of Fire Fighters, Police Officers and Emergency Medical Technicians After Exposure to Infectious Diseases
Sec. 23-28.36-4 Occupational Disability for fire fighters
Sec. 23-28.36-2 Definitions

Rhode Island Legislative Website

DESCRIPTION:

Section 45-19-1.

Salary payment during line of duty illness or injury.

(a)(1) Whenever any police officer of the Rhode Island airport corporation or whenever any police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal of any city, town, fire district, or the state of Rhode Island is wholly or partially incapacitated by reason of injuries received or sickness contracted in the performance of his or her duties or due to their rendering of emergency assistance within the physical boundaries of the state of Rhode Island at any occurrence involving the protection or rescue of human life which necessitates that they respond in a professional capacity when they would normally be considered by their employer to be officially off-duty, the respective city, town, fire district, state of Rhode Island, or Rhode Island airport corporation by which the police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, is employed, shall, during the period of the incapacity, pay the police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, the salary or wage and benefits to which the police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, would be entitled had he or she not been incapacitated, and shall pay the medical, surgical, dental, optical, or other attendance, or treatment, nurses, and hospital services, medicines, crutches, and apparatus for the necessary period, except that if any city, town, fire district, the state of Rhode Island, or Rhode Island airport corporation provides the police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, with insurance coverage for the related treatment, services, or equipment, then the city, town, fire district, the state of Rhode Island, or Rhode Island airport corporation is only obligated to pay the difference between the maximum amount allowable under the insurance coverage and the actual cost of the treatment, service, or equipment. In addition, the cities, towns, fire districts, the state of Rhode Island, or Rhode Island airport corporation shall pay all similar expenses incurred by a member who has been placed on a disability pension and suffers a recurrence of the injury or illness that dictated his or her disability retirement, subject to the provisions of subsection (j) herein.

(2) A police officer or firefighter diagnosed with post-traumatic stress disorder (as described in the Diagnostic and Statistical Manual of Mental Disorders, current edition, published by the American Psychiatric Association) by an individual who holds the title of an independent licensed mental health professional with a master’s degree, related to the exposure of potentially traumatic events, resulting from their acting within the course of their employment or from the rendering of emergency assistance in the State of Rhode Island, at any occurrence involving the protection or the rescue of human life while off-duty, as set forth in subsection (h) of this section, shall be presumed to have sustained an injury in the line of duty, as that term is used in subsection (a)(1) of this section, unless the contrary is proven by a fair preponderance of the evidence that the post-traumatic stress injury/PTSD is not related to their job as a police officer or firefighter. The benefits provided for under this section shall not be extended to a police officer or firefighter, if their post-traumatic stress injury/PTSD diagnosis, arises out of any disciplinary action, work evaluation, job transfer, layoff, demotion, termination or similar adverse job actions.

(b) As used in this section, “police officer” means and includes any chief or other member of the police department of any city or town regularly employed at a fixed salary or wage and any deputy sheriff, member of the fugitive task force, or capitol police officer, permanent environmental police officer or criminal investigator of the department of environmental management, or airport police officer.

(c) As used in this section, “firefighter” means and includes any chief or other member of the fire department or rescue personnel of any city, town, or fire district, and any person employed as a member of the fire department of the town of North Smithfield, or fire department or district in any city or town.

(d) As used in this section, “crash rescue crewperson” means and includes any chief or other member of the emergency crash rescue section, division of airports, or department of transportation of the state of Rhode Island regularly employed at a fixed salary or wage.

(e) As used in this section, “fire marshal,” “chief deputy fire marshal,” and “deputy fire marshal” mean and include the fire marshal, chief deputy fire marshal, and deputy fire marshals regularly employed by the state of Rhode Island pursuant to the provisions of chapter 28.2 of title 23.

(f) Any person employed by the state of Rhode Island, except for sworn employees of the Rhode Island state police, who is otherwise entitled to the benefits of chapter 19 of this title shall be subject to the provisions of chapters 29 — 38 of title 28 for all case management procedures and dispute resolution for all benefits.

(g) In order to receive the benefits provided for under this section, a police officer or firefighter must prove to his or her employer that he or she had reasonable grounds to believe that there was an emergency that required an immediate need for their assistance for the protection or rescue of human life.

(h) Any claims to the benefits provided for under this section resulting from the rendering of emergency assistance in the state of Rhode Island at any occurrence involving the protection or rescue of human life while off-duty, shall first require those covered by this section to submit a sworn declaration to their employer attesting to the date, time, place, and nature of the event involving the protection or rescue of human life causing the professional assistance to be rendered and the cause and nature of any injuries sustained in the protection or rescue of human life. Sworn declarations shall also be required from any available witness to the alleged emergency involving the protection or rescue of human life.

Sec. 45-19-16
Presumption of disability in the line of fire fighting duty. Notwithstanding the provisions of any general or special law or to any state or municipal retirement system, any city or town may, by ordinance, provide that every condition of impairment of health caused by smoke inhalation of the lungs or respiratory tract, resulting in total disability or death to a uniformed member of a paid fire department, is presumed to have been suffered in the line of duty as a result of the inhalation of noxious fumes or poisonous gases, unless the contrary is shown by competent evidence; provided, that the person benefiting by the presumption passes a physical examination upon entry into service or subsequent to entry an examination failed to reveal any evidence of the condition.

45-19-16.1. Presumption for heart disease and hypertension.

(a) Notwithstanding the provisions of any general or special law to the contrary, any firefighter, as defined in § 45-19-1, who is unable to perform the duties required thereof because of an impairment of health caused by heart disease, stroke or hypertension is presumed to have suffered an in-the-line-of duty injury/disability, unless the contrary can be proven by clear and convincing evidence; and the firefighter shall be entitled to all benefits provided for in chapters 19, 9 21, 21.2 and 21.3 of this title.

(b) This presumption shall not apply to firefighters hired after July 1, 2023 in the following situations:

(1) If a physical examination was conducted at the time the firefighter was hired and the examination revealed that person was suffering from heart disease or hypertension.

(2) If the firefighter had regularly or habitually used tobacco products during the five (5) years prior to any diagnosis of heart disease or hypertension or suffering a stroke.

Sec. 45-19.1-3
Occupational cancer disability for fire fighters.

  1. Any fire fighter, including one employed by the state, or a municipal fire fighter employed by a municipality that participates in the optional retirement for police officers and fire fighters, as provided in chapter 21.2 of this title, who is unable to perform his or her duties in the fire department by reason of a disabling occupational cancer which develops or manifests itself during a period while the fire fighter is in the service of the department, and any retired member of the fire department of any city or town who develops occupational cancer, is entitled to receive an occupational cancer disability, and he or she is entitled to all of the benefits provided for in chapters 19, 21 and 21.2 of this title and chapter 10 of title 36 if the fire fighter is employed by the state.
  2. The provisions of this section apply retroactively in the case of any retired member of the fire department of any city or town.

Sec. 45-19.1-4
Conclusive Presumption.

  1. Any type of cancer found in a firefighter is conclusively presumed to be an occupational cancer as that term is defined in § 45-19.1-2.
  2. This conclusive presumption shall not apply to firefighters hired after July 22, 2020, in the following situations:
    1. If a physical examination was conducted at the time the firefighter was hired and the examination revealed that person had cancer; or
    2. If the firefighter has completed less than two (2) years of employment with his or her fire department; or
    3. If the firefighter has regularly or habitually used tobacco products during the five (5) years prior to any diagnosis of cancer.
  3. The provisions of this section shall apply retroactively to all cancer-related illnesses, injuries, and disability claims pending on or after July 22, 2020.

Sec. 23-28.36-4
Occupational disability for fire fighters. Any active fire fighter or police officer who is unable to perform his or her duties in his or her department by reason of exposure to infectious disease as defined in Sec. 23-28.36-2, which infectious disease develops or manifests itself as a result of the exposure during a period while the fire fighter or police officer is in the service of the department, shall be entitled to receive an occupational disability, and he or she shall be entitled to all of the benefits provided for in chapter 19 of title 45, as applicable.

Sec. 23-28.36-2
Definitions. The following terms when used in this chapter shall have the following meanings herein ascribed:

  1. “Contagious disease” means an infectious disease.
  2. “Disability” means a condition of physical incapacity to perform any assigned duty or duties in the fire department or emergency medical service.
  3. “Emergency medical technician” means a person licensed pursuant to chapter 4.1 of this title to provide emergency medical services.
  4. “Fire department” means service groups (paid or volunteer) that are organized and trained for the prevention and control of loss of life and property from fire or other emergency.
  5. “Fire fighter” means an individual who is assigned to fire fighting activity and is required to respond to alarms and perform emergency action at the location of a fire, hazardous materials, or other emergency incident.
  6. “Infectious disease” means interruption, cessation, or disorder of body functions, systems, or organs transmissible by association with the sick or their secretions or excretions, excluding the common cold. Infectious disease includes, but is not limited to, human immunodeficiency virus (HIV), hepatitis B virus (HBV), and hepatitis C virus (HCV).