§ 27-15-103 — 27-15-102. Presumption of occupational disability; applicability; exceptions

(a) A firefighter who suffers from a listed disease is
presumed to have developed that listed disease during the course
and scope of employment. The listed disease is presumed to be an
occupational disease, the dominant cause of which is the
employment as a firefighter, unless the contrary is proven.
(b) A presumption established under this act applies to a
determination of whether a firefighter's injury, disease,
illness, health impairment, disability or death resulted from a
listed disease contracted in the course and scope of employment
for purposes of benefits or compensation provided under:
(i) Firefighter retirement and disability retirement
plans administered by the Wyoming retirement board under W.S.
9-3-401 through 9-3-431, 15-5-201 through 15-5-209, 15-5-401
through 15-5-422 and 35-9-616 through 35-9-628;
(ii) Workers' compensation benefits paid by or on
behalf of an employer to an employee under the provisions of
W.S. 27-14-101 through 27-14-902;
(iii) University of Wyoming and Wyoming community
college tuition and fees as provided under W.S. 21-16-1501(h)
and (j).
(c) The presumption in subsection (a) of this section
applies only to a firefighter who:
(i) Is employed for not less than the minimum period
of employment and seeks the presumption within:
(A) Ten (10) years after cessation of employment
for a listed disease as defined by W.S. 27-15-101(a)(ii)(A);
(B) One (1) year after cessation of employment
for a listed disease as defined by W.S. 27-15-101(a)(ii)(B) or
(C);
(C) A period to be determined by the Wyoming
worker's compensation medical commission for a listed disease as
defined by W.S. 27-15-101(a)(ii)(D).
(ii) Has been exposed to the hazards involved in
firefighting during the minimum period of employment; and
(iii) On becoming employed or during employment as a
firefighter received a physical examination that failed to
reveal evidence of the listed disease for which the presumption
is sought.
(d) The presumption in subsection (a) of this section does
not apply:
(i) If the listed disease is known to be caused by
tobacco use and the firefighter:
(A) Is a regular user of tobacco for five (5) or
more years; or
(B) Was a regular user of tobacco for five (5)
or more years and it has been fewer than ten (10) years since
the firefighter gave up the use of tobacco products.
(ii) In a cause of action brought in a state or
federal court except for judicial review of a proceeding in
which there has been a grant or denial of employment-related
benefits or compensation.
(e) This act does not create a cause of action.
(f) This act does not enlarge or establish a right to any
benefit or compensation or eligibility for any benefit or
compensation.
(g) A firefighter who qualifies for a presumption
established under this act is entitled only to the benefits or
compensation to which the firefighter would otherwise be
entitled to receive at the time the claim for benefits or
compensation is filed.
(h) A presumption under this act is not limited to the
current listed diseases. A firefighter is not precluded from a
case-by-case demonstration before the Wyoming workers'
compensation medical commission that the dominant cause of the
firefighter's disease, illness, health impairment or disability
is or was employment as a firefighter.
(j) Paragraph (d)(i) of this section only prevents the
application of the presumption authorized by this chapter and
does not affect the right of a firefighter to provide proof,
without the use of the presumption, that an injury, disease,
illness, health impairment or disability occurred during the
course and scope of employment.