23-901.09. Presumption; cancers; firefighters and fire investigators; applicability; definitions

A. Notwithstanding section 23-901.01, subsection A and section 23-1043.01, any disease, infirmity or impairment of a firefighter's or fire investigator's health that results in disability or death is presumed to be an occupational disease as defined in section 23-901, paragraph 13, subdivision (c) and is deemed to arise out of employment if the disease, infirmity or impairment is caused by any of the following:

1. Adenocarcinoma.

2. Bladder cancer.

3. Brain cancer.

4. Breast cancer.

5. Buccal cavity cancer.

6. Colon cancer.

7. Esophageal cancer.

8. Kidney cancer.

9. Large intestine cancer.

10. Leukemia.

11. Lung cancer.

12. Lymphoma.

13. Malignant melanoma.

14. Mesothelioma of the respiratory tract.

15. Multiple myeloma.

16. Non-hodgkin's lymphoma.

17. Ovarian cancer.

18. Pharynx cancer.

19. Prostate cancer.

20. Rectal cancer.

21. Skin cancer.

22. Stomach cancer.

23. Testicular cancer.

B. The presumptions provided in subsection A of this section are granted if all of the following apply:

1. The firefighter or fire investigator passed a physical examination before employment and the examination did not indicate evidence of cancer.

2. The firefighter or fire investigator was assigned to hazardous duty for at least five years.

3. For the presumption provided in subsection A, paragraph 4, 5, 7, 8, 9, 11, 13, 15, 16, 17, 18, 19, 21, 22 or 23 of this section and for firefighters only, 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).

C. Subsection A of this section applies to both of the following:

1. Firefighters or fire investigators currently in service.

2. Former firefighters or fire investigators who are sixty-five years of age or younger and who are diagnosed with a cancer that is listed in subsection A of this section not more than fifteen years after the firefighter's or fire investigator's last date of employment as a firefighter or fire investigator.

D. Subsection A of this section does not apply to cancers of the respiratory tract if there is evidence that the firefighter's or fire investigator's exposure to cigarettes or tobacco products outside of the scope of the firefighter's or fire investigator's official duties is a substantial contributing cause in the development of the cancer.

E. The presumption provided in subsection A of this section may be rebutted by clear and convincing evidence that there is a specific cause of the cancer other than an occupational exposure to a carcinogen as defined by the international agency for research on cancer.

F. For the purposes of this section:

1. "Firefighter" means a full-time firefighter who was regularly assigned to hazardous duty.

2. "Fire investigator" means a person who is employed full time by a municipality or fire district and who is trained in the process of and responsible for determining the origin, cause and development of a fire or explosion.