Presumptions of Occupational Diseases for Firefighters RCW 51.32.185
Who is covered?
Firefighters meeting the following criteria – RCW 41.26.030 (16) (a)(b)(c):
• Any person who is serving on a full-time, fully compensated basis as a member of a fire department who is serving in a position which requires passing a civil service examination for firefighter, and who is actively employed as such
• Anyone who is actively employed as a full-time firefighter where the fire department does not have a civil service examination
• Supervisory firefighter personnel
Working for an employer meeting the following criteria – RCW 41.26.030 (14) (b):
• The legislative authority of any city, town, county, or district
• The elected officials of any municipal corporation
• The governing body of any other general authority law enforcement agency
• A four-year institution of higher education having a fully operational fire department as of January 1, 1996
• Private sector employer’s fire department that includes over fifty firefighters
In addition to active duty firefighters, presumptive illness coverage is extended to employees who have left service. A member accumulates three months of coverage for every year of service, up to five years.
Presumptive coverage may be rebutted by a preponderance of evidence, which may include, but is not limited to:
• Use of tobacco products: the presumption may not apply to heart or lung conditions if a firefighter is a user of tobacco products. When the presumption does not apply, the claim is not automatically denied. However, the burden is on the worker to prove that the condition is an occupational disease.
• Physical fitness and weight
• Lifestyle
• Hereditary factors
• Exposure from other employment or non-employment activities
What is covered?
• Respiratory disease
• Heart problems experienced within:
• 72 hours of exposure to smoke, fumes, or toxic substances, or
• 24 hours of strenuous physical exertion due to firefighting activities. Firefighting activities mean fire suppression, fire prevention, emergency medical services, rescue operations, hazardous materials response, aircraft rescue, and training and other assigned duties related to emergency response.
• Cancer: presumptive coverage is provided to members who have served for at least 10 years and were given a qualifying medical examination upon becoming a firefighter showing there was no evidence of cancer. Current cancers covered are:
•
• Prostate (diagnosed prior to age 50)
• Primary brain cancer
• Malignant melanoma
• Bladder
• Ureter
• Colorectal
• Multiple myeloma
• Testicular
• Kidney
• Non-Hodgkin’s lymphoma
• Infectious disease: meaning a disease or infection that arises naturally and proximately out of employment. Mental conditions or mental disabilities caused by stress do not fall within the definition of occupational disease. Diseases specifically called out are, but not limited to:
• Human immunodeficiency virus/acquired immunodeficiency syndrome
• all strains of hepatitis
• meningococcal meningitis
• mycobacterium tuberculosis
