Code of the District of Columbia

This section will be modified by the following acts when they become effective:

§ 5–652. Presumption as to disability or death from heart disease, hypertension, or respiratory disease.

(a) A member shall be presumed to have a performance-of-duty injury or illness that is covered by subchapter I of this chapter , subchapter I of Chapter 7 of this title, § 5-708, §§ 5-711, 5-715, 5-702, 5-705, and 5-719, § 5-722, §§ 5-731, 5-732, and 5-733, § 5-741, § 5-742, § 5-743, § 5-744, §§ 5-745 and 5-746, § 5-747, § 5-761, and § 5-762, 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 diagnosed with heart disease, hypertension, or respiratory disease;

(2) The heart disease, hypertension, or respiratory disease results in the member's inability to perform the full range of duties or in death;

(3) 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

(4) 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 15 of Title 32, 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 diagnosed with heart disease, hypertension, or respiratory disease;

(2) The heart disease, hypertension, or respiratory disease results in the EMS employee's disability, as defined by § 32-1501(8), or in death;

(3) 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

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


(Sept. 30, 2004, D.C. Law 15-194, § 652; as added May 1, 2013, D.C. Law 19-311, § 2, 60 DCR 3425.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-311 added this section.

Applicability

Section 7013 of D.C. Law 22-168 amended § 656(c) of D.C. Law 15-194 revising the applicability provision. Therefore the creation of this section by D.C. Law 15-194 has been implemented.

Section 3052(d) of Law 21-160 amended section 656 of D.C. Law 19-311, retaining the applicability restriction affecting this section, therefore the creation of this section by § 2 of D.C. Law 19-311 has not been implemented.

Section 7007 of Law 22-33 amended section 656 of D.C. Law 19-311, retaining the applicability restriction affecting this section, therefore the creation of this section by § 2 of D.C. Law 19-311 has not been implemented.

Applicability of D.C. Law 15-194: § 656 of D.C. Law 15-194, as added by § 2 of D.C. Law 19-311 provided that the the addition of this section by § 652 of D.C. Law 15-194, as added by § 2 of D.C. Law 19-311 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.