§ 36-30-41 — Applicability; Compensation for Qualified Firefighters; Burden of Proof

Alabama § 36-30-41

• Jurisdiction: Alabama
• Title 36: Public Officers and Employees
• Ch. 30: Compensation for Death or Disability of Peace Officers, Firemen, Etc
• Art. 3: State Firefighters’ Death and Disability Benefits for Certain Occupational Diseases

Text

(a) This article shall apply to firefighters who, upon entering the service of the state as firefighters, have successfully passed a physical examination which 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 qualifies 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 compensable the same as any service-connected disability under any law which provides benefits for firefighters of the state 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 compensable to the same extent as the death of a firefighter killed in the line of duty, and the firefighter shall be considered to have been killed in the line of duty for purposes of Sections 36-30-1 to 36-30-7, inclusive.
(c) In the case of an 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.

Legislative History

(Act 2012-559, p. 1643, §2.)