Presumptive Disability Law in Utah
CODE PART
Utah Code
Title 34A Utah Labor Code
Chapter 02 Workers’ Compensation Act
34A-2-901 Workers’ compensation presumption for emergency medical services providers
34A-3-113 Presumption of workers’ compensation benefits for firefighters.
DESCRIPTION:
34A-3-101 (Effective 07/01/25). Title — Definitions.
(1) This chapter is known as the “Utah Occupational Disease Act.”
(2) For purposes of this chapter:
(a) “Division” means the Division of Industrial Accidents.
(b)(i) “Firefighter” means a member of a fire department or firefighting organization that provides fire suppression and other fire-related service who is responsible for or is in a capacity that includes responsibility for the extinguishment of fires.
(ii) “Firefighter” includes:
(A) an individual who is a designated personal protective equipment technician;
(B) a volunteer safety officer as described in Subsection 67-20-2(10)(b)(ii); or
(C) a member paid on call.
(iii) “Firefighter” does not include any other individual whose job description, duties, or responsibilities do not include direct involvement in fire suppression.
(c) “Presumptive cancer” means one or more of the following cancers:
(i) bladder;13
(ii) blood;
(iii) brain;
(iv) breast;
(v) colorectal;
(vi) esophageal;
(vii) ovarian;
(viii) kidney;
(ix) lung;
(x) melanoma;
(xi) mesothelioma;
(xii) non-Hodgkins lymphoma;
(xiii) oropharynx;
(xiv) prostate;
(xv) skin;
(xvi) testicular; and
(xvii) thyroid.
34A-3-105 . Last employer liable — Exception.
(1) Except as provided in Subsection 34A-3-113(5), the extent compensation is payable under this chapter for an occupational disease which arises out of and in the course of an employee’s employment for more than one employer, the only employer liable shall be the employer in whose employment the employee was last injuriously exposed to the hazards of the disease if:
(a) the employee’s exposure in the course of employment with that employer was a substantial contributing medical cause of the alleged occupational disease; and
(b) the employee was employed by that employer for at least 12 consecutive months.
(2) Should the conditions of Subsection (1) not be met, liability for disability, death, and medical benefits shall be apportioned between employers based on the involved employers’ causal contribution to the occupational disease.
34A-3-113 (Effective 07/01/25). Presumption of workers’ compensation benefits for firefighters.
(1) If a firefighter who contracts a presumptive cancer meets the requirements of Subsection (2), there is a rebuttable presumption that:
(a) the presumptive cancer was contracted arising out of and in the course of being a firefighter; and
(b) the presumptive cancer was not contracted by a willful act of the firefighter.
(2) The rebuttable presumption provided in Subsection (1) applies to:
(a) a firefighter currently in service; and
(b)(i) a former firefighter until the firefighter reaches the Social Security retirement qualifying age; and
(ii) who is diagnosed with a presumptive cancer no more than ten years after the firefighter’s last day of service as a firefighter.
(3) To be entitled to the rebuttable presumption described in Subsection (1), the firefighter shall submit to the program described in Section 53B-29-202 a record of:
(a) service as a firefighter with assignment to hazardous duty for at least five years;
(b) physical examination:
(i) before serving as a firefighter that does not indicate evidence of cancer;
(ii) beginning July 1, 2025, completed every three years during the time of service as a firefighter; and
(iii) that is reasonably aligned with the National Fire Protection Association standard on comprehensive occupational medical program for fire departments;
(c) beginning July 1, 2025, cancer screening examinations in accordance with Section 106 34A-3-114 during the time of service as a firefighter; and
(d) [if the firefighter has used tobacco, provide documentation from a] a physician statement stating that the firefighter has not used tobacco for at least eight years immediately before reporting the presumptive cancer to the program described in Section 53B-29-202.
(4)(a) A presumption established under this section may be rebutted by a preponderance of the evidence.
(b)(i) A firefighter may not benefit from the rebuttable presumption if the firefighter does not comply with Subsection (3).
(ii) A firefighter may seek compensation in accordance with Chapter 2, Workers’ Compensation Act, regardless of compliance with Subsection (3).
(iii) The rebuttable presumption does not apply to cancers of the respiratory tract if there is evidence that the firefighter’s exposure to cigarettes, electronic cigarettes, or tobacco products outside of the scope of the firefighter’s official duties is a substantial contributing cause to the development of the cancer.
(5) The fire department or firefighting organization and insurer at the time of the last substantial exposure to risk of a presumptive cancer is liable under Section 34A-3-105 when:
(a) a firefighter who contracts a presumptive cancer serves as a firefighter with more than one fire department or firefighting organization;
(b) the firefighter qualifies for the rebuttable presumption; and
(c) the presumption has not been rebutted.
(6) A cause of action subject to the rebuttable presumption is considered to arise on the date that a firefighter:
(a) suffers disability from the occupational disease;
(b) knows, or in the exercise of reasonable diligence should have known, that the occupational disease is caused by serving as a firefighter; and
(c) files a claim as provided in Section 34A-3-108.
Section 3. Section 34A-3-114 is enacted to read:
34A-3-114 (Effective 07/01/25). Cancer screening for public firefighters.
(1)(a) After five years of active service, continuous or combined, a firefighter working for a public fire department, or a public firefighting organization, shall be offered a cancer screening examination conducted by a physician approved by the program described in Section 53B-29-202:
(i) every five years for firefighters 49 years old or younger; and
(ii) every three years for firefighters 50 years old and older until the firefighter reaches the Social Security retirement qualifying age.
(b) The examination shall include screening for presumptive cancers.
(2) Beginning January 1, 2029, and for each plan year that follows, a public fire department or public firefighting organization shall provide health care benefits, including cancer screening examinations, consistent with the requirement of this section for the public fire department or public firefighting organization’s employed and contracted firefighters.
(3)(a) If there is a copayment, deductible, coinsurance, or out-of-pocket expense, the public fire department or public firefighting organization shall provide reimbursement to employed and contracted firefighters.
(b) A public fire department or public firefighting organization shall maintain adequate records to facilitate the reimbursement to comply with Subsection (3)(a).
(4) The program described in Section 53B-29-202 shall, with the consent of the firefighter:
(a) track cancer screenings for a firefighter; and
(b) serve as a liaison between a firefighter and a cancer screening clinic.
Section 1. Effective Date.
This bill takes effect on July 1, 2025.