Presumptive Disability Law in the Yukon Territory

CODE PART:
Workers’ Compensation Act
PART 4 PRESUMPTIONS AND BENEFIT OF DOUBT
93 Presumption to be work-related

Yukon Territory Legislative Website

DESCRIPTION:

93. Presumption to be work-related

1. An injury to or the death of a worker that arises out of their employment is presumed to be an injury or death that occurred in the course of the worker’s employment, unless the contrary is shown.
2. An injury to or the death of a worker that occurs in the course of the worker’s employment is presumed to be an injury or death that arose out of the worker’s employment, unless the contrary is shown..

94. Presumption for firefighters

1. In this section, “firefighter” means a worker who is a full-time firefighter, a part-time firefighter or a volunteer firefighter, but does not include a wildland forest firefighter; « pompier »
   “full-time firefighter” means
   1. a worker who is engaged in firefighting, fire inspection or fire investigation as a full-time member of a fire department or fire brigade, and
   2. the fire marshal, and each deputy fire marshal, appointed under the Fire Prevention Act; « pompier à temps plein »
      “listed disease” means a form of cancer that is set out in the regulations; « maladie reconnue »
      “part-time firefighter” means a worker who is engaged in firefighting, fire inspection or fire investigation as a part-time member of a fire department or fire brigade; « pompier à temps partiel »
      “volunteer firefighter” means a worker who is engaged in firefighting, fire inspection or fire investigation as a volunteer member of a fire department or fire brigade; « pompier volontaire »
      “wildland forest firefighter” means a worker who is engaged exclusively in fighting forest fires. « pompier forestier “listed disease” means:
2. Subject to subsection (3), if at any time after the effective date set out in subsection (4), a person who is or has been a firefighter is diagnosed for the first time with a listed disease, the listed disease is presumed to be a work-related injury unless the contrary is shown.
3. The presumption in subsection (2) applies only to a worker who
   1. when they are first diagnosed with the listed disease
      1. has been a firefighter for at least the minimum cumulative period of service that is prescribed in respect of the listed disease, and
      2. has not smoked a tobacco product in the 10 years immediately before the date of the diagnosis if the listed disease is primary site lung cancer; and
   2. files their application for compensation within 12 months after the date on which the cancer they have been diagnosed with is included as a listed disease.
4. The presumption in subsection (2) is effective
   1. for a full-time firefighter, after June 30, 2011; and
   2. for a part-time firefighter or volunteer firefighter, after March 27, 2014.
5. If a worker who is or has been a full-time firefighter, a part-time firefighter, a volunteer firefighter or a wildland forest firefighter suffers a cardiac arrest at any time after June 30, 2011, that occurs within 24 hours after their attendance at an emergency response in the performance of their duties in that capacity, the cardiac arrest is presumed to be a work-related injury unless the contrary is shown.

95. Presumption respecting post-traumatic stress disorder

1. In this section,
   “post-traumatic stress disorder” means post-traumatic stress disorder as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
2. If a worker,
   1. is exposed to a traumatic event or events in the course of the worker’s employment; and
   2. is diagnosed with post-traumatic stress disorder by a psychologist or a psychiatrist,
      the post-traumatic stress disorder is presumed to be a work-related injury unless the contrary is shown.

⇒ PHI Home

CODE PART:
Workers’ Compensation Act
PART 3 PRESUMPTIONS AND BENEFIT OF DOUBT
17 Presumption to be work-related

Yukon Territory Legislative Website

DESCRIPTION:
Presumption to be work-related

17
Unless there is evidence to the contrary, an injury is presumed to be work-related if it arises out of and in the course of a worker’s employment.

Presumption for firefighters

17.1

1. In this section“firefighter” means a worker who is a full-time firefighter or is included in this definition by another provision of this Act, but does not include a worker who exclusively fights forest fires;“full-time firefighter” means
   1. a worker who is engaged in firefighting, fire inspection or fire investigation as a full-time member of a fire department or fire brigade, and
   2. the fire marshal, and each deputy fire marshal, appointed under the Fire Prevention Act;

   “listed disease” means

   1. primary leukemia,
   2. primary non-Hodgkin’s lymphoma,
   3. primary site bladder cancer,
   4. primary site brain cancer,
   5. primary site colo-rectal cancer,
   6. primary site esophageal cancer,
   7. primary site kidney cancer,
   8. primary site lung cancer,
   9. primary site testicular cancer,
   10. primary site ureter cancer, or
   11. any prescribed form of cancer;

   “part-time firefighter” and “volunteer firefighter” mean a worker who is engaged in firefighting, fire inspection or fire investigation as, respectively

   1. a part-time member of a fire department or fire brigade, or
   2. a volunteer member of a fire department or fire brigade;

   “wildland forest firefighter” means a worker who is engaged in fighting forest fires.

2. Subject to subsection (3), if at any time after June 30, 2011 a person who is or has been a firefighter is diagnosed for the first time with a listed disease, the listed disease is presumed to be a work-related injury unless there is evidence to the contrary.
3. The presumption in subsection (2) applies only to a worker who, when they are first diagnosed with a listed disease
   1. has been a firefighter for at least the minimum cumulative period of service as set in respect of the listed disease by order of the board of directors; and
   2. if the listed disease is primary site lung cancer, has not smoked a tobacco product in the 10 years immediately before the time of the diagnosis.
4. If a worker who is or has been a full-time firefighter, a part-time firefighter, a volunteer firefighter or a wildland forest firefighter suffers a cardiac arrest at any time, after June 30, 2011, that is within 24 hours after attendance at an emergency response in the performance of their duties in that capacity, the cardiac arrest is presumed to be a work-related injury unless there is evidence to the contrary.
5. For the purposes of paragraph (3)(a), the board of directors may set minimum cumulative periods of service that, in respect of any listed disease, count the time for which a person is a firefighter differently depending on the amount and nature of the person’s firefighting or other work.”

17.2

1. Subject to subsection (2), the definitions in subsection 17.1(1) apply for the purposes of this section.
2. The definition “firefighter” in subsection 17.1(1) includes part-time firefighters and volunteer firefighters.
3. For the purposes of paragraph 17.1(3)(a), the board of directors may set minimum cumulative periods of service that, in respect of any listed disease, are different for full-time firefighters, part-time firefighters and volunteer firefighters.
4. For greater certainty, subsection (3) applies in addition to subsection 17.1(5).”

SCHEDULE
FIREFIGHTERS – MINIMUM CUMULATIVE PERIODS OF SERVICE FOR SECTION 17.1 PRESUMPTION
Listed Disease Minimum Cumulative Period of Service

1. primary leukemia 5 years
2. primary non-Hodgkin’s lymphoma 20 years
3. primary site bladder cancer 15 years
4. primary site brain cancer 10 years
5. primary site colo-rectal cancer 15 years
6. primary site esophageal cancer 25 years
7. primary site kidney cancer 20 years
8. primary site lung cancer 15 years
9. primary site testicular cancer 10 years
10. primary site ureter cancer 15 year

17.3

1. In this section
   1. “emergency response worker” means a firefighter, a paramedic, or a police officer;
   2. “firefighter” means a worker who is a full-time firefighter, a part-time firefighter, or a
      volunteer firefighter, as defined in subsection 17.1(1);
   3. “paramedic” means a worker who is trained to give emergency medical care to individuals who are seriously ill or severely injured with
      the aim of stabilizing them before transporting them to a medical facility
   4. “police officer” means a worker who is engaged in police work and is a member of a police force, and includes an auxiliary
      member of a police force referred to in paragraph 6(1)(e);
   5. “post-traumatic stress disorder” means post-traumatic stress disorder as that condition is described in the most recent
      edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association;
   6. “psychiatrist” means a medical practitioner who holds a specialist’s certificate in
      psychiatry issued by the Royal College of Physicians and Surgeons of Canada;
   7. psychologist” means an individual who is licensed or registered to practice in a province
      as a psychologist.
2. If, at any time after the coming into force of this subsection, a person who is or has
   been an emergency response worker is diagnosed with post-traumatic stress disorder by a psychologist or a psychiatrist, the post-traumatic
   stress disorder is presumed to be a work-related injury unless the contrary is shown.