Code of the District of Columbia

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

(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 leukemia or breast, ovarian, pancreatic, prostate, rectal, testicular, or respiratory cancer, and that 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;

(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 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 leukemia or breast, ovarian, pancreatic, prostate, rectal, testicular, or respiratory cancer, and that 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;

(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 disability, as defined by § 32-1501(8), 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.


(Sept. 30, 2004, D.C. Law 15-194, § 653; as added May 1, 2013, D.C. Law 19-311, § 2, 60 DCR 3425; Oct. 8, 2016, D.C. Law 21-160, § 3052(b), 63 DCR 10775.)

Effect of Amendments

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

Applicability

Section 3052(d) of Law 21-160 amended section 656 of D.C. Law 19-311, removing the applicability restriction affecting this section, therefore the creation of this section by section 2 of D.C. Law 19-311 has 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 § 653 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.