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REFERENCE TITLE: firefighter; occupational disease; presumption |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2679 |
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Introduced by Representatives Hernandez A: Carter P, Contreras L, Contreras P, Gutierrez, Hernandez C, Hernandez L, Luna-Nájera, Martinez, Peña, Travers, Volk, Willoughby; Senators Gonzales, Gowan, Payne
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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 by clear and convincing evidence that demonstrates all of the following:
1. The heart-related, perivascular or pulmonary injury, illness or death other than the employment was solely caused by a nonoccupational condition.
2. The nonoccupational condition was diagnosed and documented before the firefighter's employment or qualifying event.
3. The nonoccupational condition was independently sufficient to cause the injury, illness or death without contribution from any of the following firefighter-related duties:
(a) Physical exertion.
(b) Heat stress.
(c) Toxic exposure.
(d) Emergency response activities.
C. The following factors do not constitute sufficient evidence to rebut the presumption provided in subsection B of this section:
1. Age.
2. Family history.
3. Fitness level.
4. Lifestyle factors.
5. Speculation.
6. Statistical risk factors.
7. Post-event medical findings.
D. If A heart-related, perivascular or pulmonary injury or illness or abnormal cardiac rhythm occurred while the firefighter is on duty or during an emergency response, training, physical condition or department-directed activity or within twenty-four hours of the activity, the condition is considered an occupational disease that arose out of or in the course of employment.
C. e. 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. f. For the purposes of this section: ,
1. "heart-related" includes any of the following:
(a) Myocardial infarction.
(b) Acute coronary syndrome.
(c) Cardiac arrhythmias, including:
(i) Supraventricular tachycardia.
(ii) Atrial fibrillation.
(iii) Ventricular tachycardia.
(d) Syncope or near-syncope of cardiac origin.
(e) Structural or electrical cardiac abnormalities precipitated or aggravated by occupational exertion or stress.
2. "Firefighter" means a firefighter or volunteer firefighter as described in section 23-901, paragraph 6, subdivision (d).