34A-3-113. Presumption of workers' compensation benefits for firefighters -- Study.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2025

(1)If a firefighter who is diagnosed with a presumptive cancer meets the requirements of Subsection

(3), there is a rebuttable presumption that the presumptive cancer was contracted arising out of and in the course of employment as a firefighter if the firefighter demonstrates exposure to a known carcinogen as defined by the International Agency for Research on Cancer while serving as a firefighter.

(2)The following individuals may assert the rebuttable presumption described in Subsection

(1):

(a)a firefighter currently in service; and

(b)a former firefighter after termination of service as a firefighter for a period:

(i)of three calendar months for each full year of service as a firefighter; and

(ii)not to exceed 120 months.

(a)To be entitled to the rebuttable presumption described in Subsection (1), the firefighter shall submit to the fire and rescue training program a record of:

(i)service as a firefighter for at least eight years;

(ii)a physical examination:

(A)completed before serving as a firefighter that shows no evidence of cancer;

(B)completed every two years during the time of service as a firefighter; and

(C)that is reasonably aligned with the National Fire Protection Association standards on the comprehensive occupational medical program for fire departments;

(iii)after seven years of service as a firefighter, a cancer screening conducted by the Rocky Mountain Center for Occupational and Environmental Health at the intervals described in Section 34A-3-114 during the time of service as a firefighter;

(iv)reporting the presumptive cancer to the fire and rescue training program and, in accordance with Section 34A-2-407 , to the employer; and

(v)a physician statement stating that the firefighter has not used tobacco products or smoked cigarettes, electronic cigarettes, or marijuana for at least eight years immediately before reporting the presumptive cancer to the employer and the fire and rescue training program.

(b)A firefighter is entitled to the rebuttable presumption without completing the requirements described in Subsections (3)(a)(ii)(B) and

(C)or Subsection (3)(a)(iii) for years of service as a firefighter completed before July 1, 2026.

(i)A presumption established under this section may be rebutted by a preponderance of the evidence.

(ii)The rebuttable presumption does not apply to cancers of the respiratory tract if there is evidence that the firefighter's use of tobacco products or the firefighter's smoking of cigarettes, electronic cigarettes, or marijuana is a substantial contributing cause to the development of the cancer.

(b)A firefighter may seek compensation in accordance with Chapter 2, Workers' Compensation Act, regardless of compliance with Subsection (3).

(5)The fire department or firefighting organization and insurer at the time of the last substantial exposure to a known carcinogen is liable when:

(a)a firefighter who contracts a presumptive cancer has served as a firefighter with more than one fire department or firefighting organization;

(b)the firefighter qualifies for the rebuttable presumption; and

(c)the presumption has not been rebutted.

(6)A cause of action subject to the rebuttable presumption is considered to arise on the date that a firefighter:

(a)suffers disability from the occupational disease;

(b)knows, or in the exercise of reasonable diligence should have known, that the occupational disease is caused by service as a firefighter; and

(c)files a claim as provided in Section 34A-3-108 .

(a)The division shall conduct a five-year study to determine whether:

(i)a cancer that is not a presumptive cancer is commonly contracted through service as a firefighter; and

(ii)a cancer that is a presumptive cancer is not commonly contracted through service as a firefighter.

(b)In conducting the study, the division shall:

(i)consider cancer latency periods; and

(ii)consult with:

(A)the fire and rescue training program; and

(B)the Rocky Mountain Center for Occupational and Environmental Health.

(c)Before September 30, 2029, the division shall file a report to the Business and Labor Interim Committee summarizing the results of the study described in Subsection (7)(a) and any recommendations for legislation.

Amended by Chapter 184 , 2025 General Session