- (a) This article shall apply to firefighters who, upon entering the service of the state as firefighters, have successfully passed a physical examination that failed to reveal any evidence of a firefighter’s occupational disease and who have completed at least three years’ service as firefighters. If a physical examination was not required at the time of entry into service, a firefighter who completes an exam by January 1, 2013, shall be deemed eligible for benefits under this section.
- (b) If a firefighter who is eligible for benefits under Chapter 29A, or any other law, suffers disability as a result of a firefighter’s occupational disease, his or her disability shall be compensated under any law that provides benefits for firefighters of the state who are injured in the line of duty. If a firefighter who qualifies for benefits under this section dies as the result of a firefighter’s occupational disease, his or her death shall be compensated as if the firefighter had been killed in the line of duty pursuant to Article 1. However, benefits for a firefighter who is eligible for workers’ compensation pursuant to Chapter 5 of Title 25 or a firefighter who is eligible for any benefits under the State Employee Injury Compensation Trust Fund pursuant to Chapter 29A of Title 36 shall be governed solely by those provisions.
- (c) In the case of a firefighter’s occupational disease as defined in this article, the state must prove by a preponderance of the evidence that the condition was caused by some means other than the occupation to disqualify the firefighter from benefits.
(Act 2012-559, p. 1643, §2; Act 2026-353, §1.)