Presumptive Disability Law in the Yukon Territory

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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.