§ 5-653 — Presumption as to disability or death from cancer.

District of Columbia § 5-653

• Jurisdiction: District of Columbia
• Title 5: Police, Firefighters, Medical Examiner, and Forensic Sciences.
• Ch. 6A: Police and Firefighters Limited Duty.
• Subch. II: Fire and Emergency Medical Services Employee Presumptive Disability.

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(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) 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:

(A) Leukemia or breast, ovarian, pancreatic, prostate, rectal, colon, colorectal, liver, testicular, or respiratory cancer;

(B) Multiple myeloma, brain, non-Hodgkin's, or throat cancer; or

(C) Kidney, thyroid, or bladder cancer;

(2) The member has completed at least 10 years of service with the Department;

(3) The leukemia or cancer results in the members' inability to perform the full range of duties or in death;

(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) 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) 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:

(A) Leukemia or breast, ovarian, pancreatic, prostate, rectal, colon, colorectal, liver, testicular, or respiratory cancer;

(B) Multiple myeloma, brain, non-Hodgkin's, or throat cancer; or

(C) Kidney, thyroid, or bladder cancer;

(2) The EMS employee has completed at least 10 years of service with the Department;

(3) The leukemia or cancer results in the EMS employee's injury, as defined by § 1-623.01(5) , or in death;

(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) The EMS employee, upon request of the Director, submits to a physical examination conducted by physicians selected by the Director.