Section 11-43-144
Compensation for death or disability of firefighters from occupational diseases.
THIS SECTION WAS AMENDED BY ACT 2021-491 IN THE 2021 REGULAR SESSION, EFFECTIVE AUGUST 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) As used in this section the following words and terms shall have the meanings ascribed to them herein unless a contrary meaning is indicated by the context:
(1) BENEFIT. Any monetary allowance payable by a city or from a pension system established for the firemen of a city to a firefighter on account of his or her disability or to his or her dependents on account of his or her death, irrespective of whether the same is payable under a pension law of the state or under some other law of the state.
(2) CITY. Any municipality of the state, regardless of its population.
(3) DISABILITY. Disability to perform duties as a firefighter.
(4) FIREFIGHTER. A person employed as a firefighter by a city.
(5) FIREFIGHTER'S OCCUPATIONAL DISEASE. Any condition or impairment of health caused by any of the following:
a. Hypertension.
b. Heart disease.
c. Respiratory disease.
d. Cancer that manifests itself in a firefighter during the period in which the firefighter is in the service of the city, provided the firefighter demonstrates that he or she was exposed, while in the employ of the city, to a known carcinogen that is reasonably linked to the disabling cancer, and the cancer shall be presumed to arise out of and in the course of the firefighter's employment, unless the city demonstrates by a preponderance of the evidence that the cancer was caused by some other means.
e. AIDS that manifests itself in a firefighter during the period in which the firefighter is in the service of the city, provided the firefighter demonstrates that he or she was exposed to AIDS while in the line and scope of his or her employment with the city.
f. Hepatitis that manifests itself in a firefighter during the period in which the firefighter is in the service of the city, provided the firefighter demonstrates that he or she was exposed to hepatitis while in the line and scope of his or her employment with the city.
(b)(1) This section shall apply to firefighters who, upon entering the service of the city as firefighters, have successfully passed a physical examination which failed to reveal any evidence of a firefighter's occupational disease and who have completed at least three years' service as firefighters.
(2) If a physical examination was not required at the time of entry into service, a firefighter who has completed at least three years' continuous service as a firefighter next preceding September 8, 1967, shall be deemed eligible for benefits under this section.
(c)(1) If a firefighter who qualifies for benefits under this section suffers disability as a result of a firefighter's occupational disease, his or her disability shall be compensable the same as any service-connected disability under any law that provides benefits for firefighters of the city injured in the line of duty. If a firefighter, who qualifies for benefits under this section, dies as the result of a firefighter's occupational disease, his or her death shall be compensable to the same extent as the death of a firefighter killed in the line of duty, and shall be considered to have been killed in the line of duty for purposes of Sections 36-30-1 to 36-30-7, inclusive.
(2) Notwithstanding subdivision (1), a firefighter who dies of cancer, as provided in paragraph (a)(5)d., within 10 years of the firefighter’s last date of employment shall be considered to have been killed in the line of duty for purposes of Sections 36-30-1 to 36-30-7, inclusive.
(d) In the case of cancer, heart disease, hypertension, and respiratory disease, the city must prove by a preponderance of the evidence that the condition was caused by some means other than the occupation to disqualify the firefighter from benefits.
(Acts 1967, No. 570, p. 1323; Acts 1990, No. 90-303, p. 414; Acts 1994, No. 94-250, p. 465, §1; Acts 1995, No. 95-547, p. 1148, §1; Act 2004-640, §1; Act 2021-491, §1.)