87.006. Firemen, certain diseases presumed incurred in line of duty--persons covered--disability from cancer, presumption suffered in line of duty, when.
Firemen, certain diseases presumed incurred in line of duty--personscovered--disability from cancer, presumption suffered in line ofduty, when.
87.006. 1. Notwithstanding the provisions of any law to thecontrary, and only for the purpose of computing retirement benefitsprovided by an established retirement plan, after five years' service, anycondition of impairment of health caused by any disease of the lungs orrespiratory tract, hypotension, hypertension, or disease of the heartresulting in total or partial disability or death to a uniformed member ofa paid fire department, who successfully passed a physical examinationwithin five years prior to the time a claim is made for such disability ordeath, which examination failed to reveal any evidence of such condition,shall be presumed to have been suffered in the line of duty, unless thecontrary be shown by competent evidence.
2. Any condition of cancer affecting the skin or the central nervous,lymphatic, digestive, hematological, urinary, skeletal, oral, breast,testicular, genitourinary, liver or prostate systems, as well as anycondition of cancer which may result from exposure to heat or radiation orto a known or suspected carcinogen as determined by the InternationalAgency for Research on Cancer, which results in the total or partialdisability or death to a uniformed member of a paid fire department whosuccessfully passed a physical examination within five years prior to thetime a claim is made for disability or death, which examination failed toreveal any evidence of such condition, shall be presumed to have beensuffered in the line of duty unless the contrary be shown by competentevidence and it can be proven to a reasonable degree of medical certaintythat the condition did not result nor was contributed to by the voluntaryuse of tobacco.
3. This section shall apply to paid members of all fire departmentsof all counties, cities, towns, fire districts, and other governmentalunits.
(L. 1969 p. 157 § 1, A.L. 2007 S.B. 22 merged with S.B. 406)