34:15-31.8 Injury, illness, death of firefighter caused by cancer eligible for compensation.
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/nj/title-34/chapter-15/34-15-31-8·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
7. Any injury, illness or death of a firefighter which may be caused by cancer, including leukemia, shall be presumed to be an occupational disease compensable under the provisions of R.S.34:15-1 et seq., if the firefighter has completed not less than seven years of service as a firefighter, regardless of whether the firefighter is in active service or is no longer in active service of a paid, part-paid, or volunteer fire department at the time of the injury, illness or death, provided that the firefighter is not more than 75 years of age or has not been out of active service for more than 20 years.
This prima facie presumption may be rebutted by a preponderance of the evidence that the occupational disease did not arise out of and in the course of the employment. The employer may require the firefighter to undergo, at the expense of the employer, reasonable testing, evaluation and monitoring of health conditions of the firefighter which is relevant to determining whether the occupational disease arose out of and in the course of the employment, but the presumption of compensability shall not be adversely affected by any failure of the employer to require such testing, evaluation or monitoring.
In order to receive this occupational cancer disability benefit, the type of cancer involved shall be a type which may be caused by exposure to heat, radiation, or a known or suspected carcinogen as defined by the International Agency for Research on Cancer. A firefighter with less than seven years of service as a firefighter who experiences injury, illness or death which may be caused by exposure to a known carcinogen, cancer-causing radiation or a radioactive substance, including cancer and damage to reproductive organs, shall be subject to the provisions of section 6 of this act.
L.2019, c.156, s.7.