Presumptive Disability Law in Saskatchewan

CODE PART:
Statutes of Saskatchewan
W-17.1 – Workers’ Compensation Act, 1979

Saskatchewan Legislative Website

DESCRIPTION:
Presumption of certain occupational diseases re fire fighters
28

1. In this section and in section 187:
   1. “fire department” means a fire department as defined in The Fire Safety Act;
   2. “listed disease” means:
      1. a primary site brain cancer;
      2. a primary site bladder cancer;
      3. a primary site kidney cancer;
      4. a primary non-Hodgkins lymphoma;
      5. a primary leukemia;
      6. a primary site ureter cancer;
      7. a primary site colorectal cancer;
      8. a primary site lung cancer;
      9. a primary site testicular cancer; or
      10. a primary site esophageal cancer;
      11. a primary site prostate cancer;
      12. a primary site skin cancer;
      13. multiple myeloma;
      14. a primary site breast cancer;
      15. a primary site cervical cancer;
      16. a primary site ovarian cancer;
      17. pancreatic cancer;
      18. thyroid cancer;
      19. penile cancer;
      20. mesothelioma;
      21. soft tissue sarcoma;
      22. laryngeal cancer or
      23. an injury to the heart that manifests within 24 hours after attendance at an emergency response.
2. Subject to subsection (3) and unless the contrary is proven, if a worker who is or has been a firefighter suffers a listed disease, that disease is presumed to be an occupational disease, the dominant cause of which is the employment as a firefighter.
3. The presumption mentioned in subsection (2) applies:
   1. only to a worker who:
      1. has been a full-time member of a fire department for the minimum period of employment prescribed in the regulations; and
      2. has been regularly exposed to the hazards of a fire scene, other than a forest fire scene, throughout the period mentioned in subclause (i); and (b) in the case of primary site lung cancer, only to a worker who has been a non-smoker before the date of injury for the minimum period prescribed in the regulations.

Presumption of psychological injury
28.1

1. In this section:
   1. “psychological injury” means a psychological injury, including post-traumatic stress disorder, as described in the edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association that is prescribed in the regulations;
   2. “worker” means a person who works and:
      1. is exposed to a traumatic event; or
      2. is in an occupation that is prescribed in the regulations.
2. Unless the contrary is proven, if a worker or former worker is diagnosed with a psychological injury by a psychiatrist or psychologist, that injury is presumed to be an injury that arose out of and in the course of the worker’s employment.

FIRE FIGHTERS
Employment periods
22.3
For the purposes of subsection 29.1(3) of the Act, the minimum periods of
employment for a fire fighter for the diseases mentioned in subclauses

29.1
(1)(b)(i) to (x) of the Act are the following:

1. primary site brain cancer, 10 years;
2. primary site bladder cancer, 15 years;
3. primary site kidney cancer, 20 years;
4. primary non-Hodgkins lymphoma, 20 years;
5. primary leukemia, 5 years;
6. primary site ureter cancer, 15 years;
7. primary site colorectal cancer, 15 years;
8. primary site lung cancer in non-smoking fire fighters, 15 years;
9. primary site testicular cancer, 10 years;
10. primary site esophageal cancer, 25 years;
11. a primary site prostate cancer, 15 years;
12. a primary site skin cancer, 15 years;
13. multiple myeloma, 15 years;
14. a primary site breast cancer, 10 years;
15. a primary site cervical cancer, 10 years;
16. a primary site ovarian cancer, 10 years;
17. an injury to the heart that manifests within 24 hours after attendance at an emergency response, none

Minimum period of non-smoking

22.4
For the purposes of clause 29.1(3)(b) of the Act, in the case of primary site
lung cancer, the minimum period during which a fire fighter must have been a
non-smoker before the date of injury is:

1. none if a fire fighter has smoked, in the fire fighter’s lifetime:
   1. less than 365 cigarettes;
   2. less than 365 cigars;
   3. less than 365 pipes; or
   4. less than 365 cigarettes, cigars and pipes;
2. none if a fire fighter has smoked on average less than seven cigars or pipes per week;
3. in the case of cigarettes:
   1. six years if the fire fighter smoked on average less than seven per week;
   2. six years if the fire fighter smoked on average one to nine per day;
   3. 13 years if the fire fighter smoked on average 10 to 19 per day;
   4. 18 years if the fire fighter smoked on average 20 per day;
   5. 23 years if the fire fighter smoked on average 21 to 39 per day; and
   6. 28 years if the fire fighter smoked on average 40 or more per day;
4. in the case of cigars or pipes, eight years if the fire fighter smoked on average one or more than one per day; and
5. if a fire fighter smoked cigarettes in combination with cigars or pipes, the minimum period determined in accordance with clause (c) with a cigar or a pipe counting as a cigarette.