The exposure to or contraction of hepatitis C by a firefighter, emergency services provider, or peace officer, as described in section 16-2.5-101, C.R.S., shall be presumed to be within the course and scope of employment if the following conditions are satisfied:
A baseline test shall be provided by the employer, or if insured, by the insurer, to beperformed within five days after the employee reports the on-the-job exposure. The employee must report the exposure within two days after the employee knew or reasonably should have known of the exposure;
The baseline test establishes that the employee was not infected with hepatitis C atthe time of the on-the-job exposure;
The employee complies with reasonable and necessary medical procedures set forthin section 8-42-101 (1)(c);
The employee is determined to have hepatitis C within twenty-four months after theon-the-job exposure to the known or possible source.
(2) The exposure to or contraction of hepatitis C by a firefighter, emergency services provider, or peace officer, as described in section 16-2.5-101, C.R.S., shall not be deemed to be within the course and scope of employment if an employer or insurer shows by a preponderance of the evidence that such exposure or contraction did not occur on the job.
Source: L. 2002: Entire section added, p. 440, § 1, effective May 16. L. 2003: IP(1) and (2) amended, p. 1613, § 3, effective August 6.