Section 296-14-310 - When does a presumption of occupational disease for certain members of firefighters' and law enforcement officers' retirement systems apply?RCW 51.32.185 specifies a presumption that certain medical conditions are occupational diseases. A presumption of occupational disease applies to firefighters and emergency medical technicians (EMTs) as defined in RCW 41.26.030(17)(a), (b), (c), and (h) and fire investigators. The presumption also applies to law enforcement officers as defined in RCW 41.26.030(19)(b), (c), and (e).
(1) For firefighters and EMTs those conditions are heart problems experienced within seventy-two hours of exposure to smoke, fumes, or toxic substances; or experienced within twenty-four hours of strenuous physical exertion due to firefighting activities; respiratory disease; specific cancers; infectious diseases; and posttraumatic stress disorder (PTSD).(2) For fire investigators those conditions are heart problems experienced within seventy-two hours of exposure to smoke, fumes, or toxic substances, or experienced within twenty-four hours of strenuous physical exertion due to firefighting activities; respiratory disease; specific cancers; and infectious diseases.(3) For law enforcement officers those conditions are heart problems experienced within seventy-two hours of exposure to smoke, fumes, or toxic substances, or experienced within twenty-four hours of strenuous physical exertion in the line of duty; infectious diseases; and PTSD.(4) The presumption extends to covered members after the last date of employment for a period of three calendar months for each year of service. The presumption may not extend more than sixty months after the last date of employment.(5) For consideration of a PTSD presumption, the active or former firefighter or law enforcement officer must work on or after July 7, 2018, and serve at least ten years before the PTSD develops.(6) For consideration of a cancer presumption, the active or former firefighter or fire investigator must serve at least ten years before the cancer develops.(7) For claims filed on or after July 1, 2003, the presumption may not apply to heart or lung conditions for users of tobacco products.(8) 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 otherwise allowable as an injury or occupational disease.Wash. Admin. Code § 296-14-310
Amended by WSR 22-20-087, Filed 10/4/2022, effective 11/4/2022Statutory Authority: RCW 51.04.020, 51.32.185. 03-12-046, § 296-14-310, filed 5/30/03, effective 7/1/03.