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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
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Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
Be 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, heart disease, or cancer.
A. Respiratory diseases that cause (i) the death of volunteer or salaried fire fighters or (ii) any health condition or impairment of such fire fighters 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 fire fighters, (ii) members of the State Police Officers' Retirement System, (iii) members of county, city or town police departments, (iv) sheriffs and deputy sheriffs, and (v) city sergeants or deputy city sergeants of the City of Richmond 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, or throat cancer that is caused by a documented contact with a toxic substance that a volunteer or salaried fire fighter having completed twelve years of continuous service has encountered in the line of duty and that causes (i) the death of such fire fighter or (ii) any health condition or impairment of such fire fighter resulting in total or partial disability 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 or throat cancer.
D. The presumptions described in subsections A and,
B, and C of this section shall only apply if persons entitled to
invoke them have, if requested by the 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 appointing authority or governing body employing such
persons, (iii) included such appropriate laboratory and other diagnostic
studies as the 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.
D. E. Persons making claims under this title who rely on such
presumptions shall, upon the request of appointing authorities or governing
bodies employing such persons, submit to physical examinations (i) conducted
by physicians selected by such 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.
E. F. 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 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.
F. G. 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.