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REFERENCE TITLE: workers'
compensation; heart-related cases; presumption |
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State of
Arizona House of
Representatives Fifty-fourth
Legislature Second Regular
Session 2020 |
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HB 2472 |
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Introduced by Representative Payne |
AN ACT
amending section
23‑1105, Arizona Revised Statutes; relating to workers' compensation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 23-1105, Arizona Revised Statutes, is amended to read:
23-1105. Heart-related, perivascular and pulmonary cases; firefighters; presumption; definition
A. A heart‑related, perivascular or pulmonary injury, illness or death of a firefighter is presumed to be an occupational disease as defined in section 23‑901, paragraph 13, subdivision (c), compensable pursuant to section 23‑1043.01 and deemed to arise out of employment if all of the following apply:
1. The firefighter passed a physical examination before employment and the examination did not indicate evidence of heart-related, perivascular or pulmonary injury or illness.
2. The firefighter received a physical examination that is reasonably aligned with the national fire protection association standard on comprehensive occupational medical program for fire departments (NFPA 1582).
3. The firefighter was exposed to a known event and the heart‑related, perivascular or pulmonary injury, illness or death occurred within twenty‑four hours after the exposure and was reasonably related to the exposure.
B. The presumption provided in subsection A of this section may be rebutted by a preponderance of the evidence that there is a specific cause of the heart‑related, perivascular or pulmonary injury, illness or death other than the employment is conclusive and irrebuttable if the requirements of subsection A of this section are met and subsection C of this section does not apply.
C. Subsection A of this section does not apply if there is evidence that the firefighter's exposure to cigarettes or tobacco products outside the scope of the firefighter's official duties is a substantial contributing cause in the development of the heart‑related, perivascular or pulmonary injury, illness or death.
D. For the purposes of this section,
"firefighter" means a firefighter or volunteer firefighter as
described in section 23‑901, paragraph 6, subdivision (d).