D.C. Code § 5-653 – Presumption as to disability or death from cancer.

(a) A member shall be presumed to have a performance-of-duty injury or illness that is covered by this subchapter and Chapter 7 of this title, unless such presumption is overcome by a preponderance of evidence to the contrary or the member is disqualified from the presumption pursuant to § 5-655, if:
1. (1) The member has been in contact with or exposed to a toxic substance while in the line of duty that is associated with an increased risk of leukemia or cancer, and has a diagnosis of:
  1. (A) Leukemia or breast, ovarian, pancreatic, prostate, rectal, colon, colorectal, liver, testicular, or respiratory cancer;
  2. (B) Multiple myeloma, brain, non-Hodgkin's, or throat cancer; or
  3. (C) Kidney, thyroid, or bladder cancer;
2. (2) The member has completed at least 10 years of service with the Department;
3. (3) The leukemia or cancer results in the members' inability to perform the full range of duties or in death;
4. (4) The member has undergone a pre-employment physical examination and the member was found, at the time of the examination, to be free of the performance-of-duty injury or illness underlying the presumption provided for in this subsection; and
5. (5) The member, upon request of the Director, submits to a physical examination conducted by physicians selected by the Director.
(b) An EMS employee shall be presumed to have an occupational disease suffered in the line of duty that is covered by Chapter 6 of Title 1, unless such presumption is overcome by a preponderance of evidence to the contrary or the member is disqualified from the presumption pursuant to § 5-655, if:
1. (1) The EMS employee has been in contact with or exposed to a toxic substance while in the line of duty that is associated with an increased risk of leukemia or cancer, and has a diagnosis of:
  1. (A) Leukemia or breast, ovarian, pancreatic, prostate, rectal, colon, colorectal, liver, testicular, or respiratory cancer;
  2. (B) Multiple myeloma, brain, non-Hodgkin's, or throat cancer; or
  3. (C) Kidney, thyroid, or bladder cancer;
2. (2) The EMS employee has completed at least 10 years of service with the Department;
3. (3) The leukemia or cancer results in the EMS employee's injury, as defined by § 1-623.01(5), or in death;
4. (4) The EMS employee has undergone a pre-employment physical examination and the EMS employee was found, at the time of the examination, to be free of the occupational disease underlying the presumption provided for in this subsection; and
5. (5) The EMS employee, upon request of the Director, submits to a physical examination conducted by physicians selected by the Director.

Applicability of D.C. Law 15-194: § 656 of D.C. Law 15-194, as added by § 2 of D.C. Law 19-311 provided that the the addition of this section by § 653 of D.C. Law 15-194, as added by § 2 of D.C. Law 19-311 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Effect of Amendments

The 2013 amendment by D.C. Law 19-311 added this section.

History

Sept. 30, 2004, D.C. Law 15-194, § 653

May 1, 2013, D.C. Law 19-311, § 2

Oct. 8, 2016, D.C. Law 21-160, § 3052(b)

May 10, 2019, D.C. Law 22-313, § 10(b)

Sept. 6, 2023, D.C. Law 25-50, § 3002(a)

Applicability

Section 3052(d) of Law 21-160 amended section 656 of D.C. Law 19-311, removing the applicability restriction affecting this section, therefore the creation of this section by section 2 of D.C. Law 19-311 has been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 5 of Criminal Justice Coordinating Council Information Sharing Emergency Amendment Act of 2023 (D.C. Act 25-74, Apr. 24, 2023, 70 DCR 6126).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 5 of Criminal Justice Coordinating Council Information Sharing Temporary Amendment Act of 2023 (D.C. Law 25-51, Aug. 31, 2023, 70 DCR 7933).