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2012 SESSION
12103186DBe it enacted by the General Assembly of Virginia:
1. That § 65.2-402 of the Code of Virginia is amended and reenacted as follows:
§ 65.2-402. Presumption as to death or disability from respiratory disease, hypertension or heart disease, cancer.
A. Respiratory diseases that cause (i) the death of volunteer or salaried firefighters or Department of Emergency Management hazardous materials officers or (ii) any health condition or impairment of such firefighters or Department of Emergency Management hazardous materials officers resulting in total or partial disability shall be presumed to be occupational diseases, suffered in the line of duty, that are covered by this title unless such presumption is overcome by a preponderance of competent evidence to the contrary.
B. Hypertension or heart disease causing the death of, or any health condition or impairment resulting in total or partial disability of (i) salaried or volunteer firefighters, (ii) members of the State Police Officers' Retirement System, (iii) members of county, city or town police departments, (iv) sheriffs and deputy sheriffs, (v) Department of Emergency Management hazardous materials officers, (vi) city sergeants or deputy city sergeants of the City of Richmond, (vii) Virginia Marine Police officers, (viii) conservation police officers who are full-time sworn members of the enforcement division of the Department of Game and Inland Fisheries, (ix) Capitol Police officers, (x) special agents of the Department of Alcoholic Beverage Control appointed under the provisions of Chapter 1 (§ 4.1-100 et seq.) of Title 4.1, (xi) for such period that the Metropolitan Washington Airports Authority voluntarily subjects itself to the provisions of this chapter as provided in § 65.2-305, officers of the police force established and maintained by the Metropolitan Washington Airports Authority, (xii) officers of the police force established and maintained by the Norfolk Airport Authority, and (xiii) sworn officers of the police force established and maintained by the Virginia Port Authority, shall be presumed to be occupational diseases, suffered in the line of duty, that are covered by this title unless such presumption is overcome by a preponderance of competent evidence to the contrary.
C. Leukemia or pancreatic, prostate, rectal, throat, ovarian
or breast cancer causing the death of, or any health condition or impairment
resulting in total or partial disability of, any volunteer or salaried
firefighter, Department of Emergency Management hazardous materials officer,
commercial vehicle enforcement officer or motor carrier safety trooper employed
by the Department of State Police, or full-time sworn member of the enforcement
division of the Department of Motor Vehicles having completed twelve 12 years of continuous service who has a contact with a
toxic substance encountered in the line of duty shall be presumed to be an
occupational disease, suffered in the line of duty, that is covered by this
title, unless such presumption is overcome by a preponderance of competent
evidence to the contrary. For the purposes of this section, a "toxic
substance" is one which is a known or suspected carcinogen, as defined by
the International Agency for Research on Cancer, and which causes, or is
suspected to cause, leukemia or pancreatic, prostate, rectal, throat, ovarian
or breast cancer.
D. Any respiratory disease or pancreatic, prostate, rectal, throat, ovarian or breast cancer causing the death of, or any health condition or impairment resulting in total or partial disability of, any sworn law-enforcement officer who was certified under standards set forth by the federal Occupational Health and Safety Administration to process clandestine drug laboratories pursuant to 29 C.F.R. Part 1910.120 shall be presumed to be an occupational disease, suffered in the line of duty, that is covered by this title, unless such presumption is overcome by a preponderance of competent evidence to the contrary. The presumptions in this subsection shall only apply if the affected sworn law-enforcement officer underwent a physical examination in accordance with the employing law-enforcement agency's written safety and health program as mandated by 29 C.F.R. Part 1910.120(f) during the period such officer was assigned to process clandestine drug laboratories.
E. The
presumptions described in subsections A, B, and
C, and D of this section shall only apply if persons entitled to invoke
them have, if requested by the private employer, appointing authority, or governing body employing
them, undergone preemployment physical examinations that (i) were conducted
prior to the making of any claims under this title that rely on such presumptions,
(ii) were performed by physicians whose qualifications are as prescribed by the
private employer, appointing authority or governing body employing such
persons, (iii) included such appropriate laboratory and other diagnostic
studies as the private employer, appointing authorities or governing bodies may
have prescribed, and (iv) found such persons free of respiratory diseases,
hypertension, cancer or heart disease at the time of such examinations.
E F. Persons making claims under
this title who rely on such presumptions shall, upon the request of private
employers, appointing authorities or governing bodies employing such persons,
submit to physical examinations (i) conducted by physicians selected by such
employers, authorities, bodies or their representatives and (ii) consisting of
such tests and studies as may reasonably be required by such physicians.
However, a qualified physician, selected and compensated by the claimant, may,
at the election of such claimant, be present at such examination.
F G. Whenever a claim for death
benefits is made under this title and the presumptions of this section are
invoked, any person entitled to make such claim shall, upon the request of the
appropriate private employer, appointing authority or governing body that had
employed the deceased, submit the body of the deceased to a postmortem
examination as may be directed by the Commission. A qualified physician,
selected and compensated by the person entitled to make the claim, may, at the
election of such claimant, be present at such postmortem examination.
G H. Volunteer lifesaving and
rescue squad members, volunteer law-enforcement chaplains, auxiliary and
reserve deputy sheriffs, and auxiliary and reserve police are not included
within the coverage of this section.
H I. For purposes of this
section, the term "firefighter" shall include special forest wardens
designated pursuant to § 10.1-1135 and any persons who are employed by or
contract with private employers primarily to perform firefighting services.