Presumptive Disability Law in Alberta

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CODE PART:
ALBERTA REGULATION 102/2003
Workers’ Compensation Act
Part 4 Compensation Entitlement, Application and Payment
Alberta Legislative Website
DESCRIPTION:
Presumption re firefighters

24.1
  1. In this section,
    1. “firefighter” means an employee, including officers and technicians, employed by a municipality or Metis settlement and assigned exclusively to fire protection and fire prevention duties notwithstanding that those duties may include the performance of ambulance or rescue services;
    2. “municipality” means a municipality as defined in the Municipal Government Act.
    3. “part-time firefighter” means a casual, volunteer or part-time member of a fire protection service of a municipality or Metis settlement.
  2. If a worker who is or has been a firefighter suffers an injury that is a primary site cancer of a type specified in the regulations, the injury shall be presumed to be an occupational disease, the dominant cause of which is the employment as a firefighter, unless the contrary is proven.
  3. The presumption in subsection (2) applies only to a worker who has been a full-time member of a fire protection service of a municipality or Metis settlement for a minimum period prescribed by the Lieutenant Governor in Council by regulation and who has been regularly exposed to the hazards of a fire scene, other than a forest-fire scene, throughout that period.
  4. The Lieutenant Governor in Council shall make regulations
    1. designating primary site cancers to which the presumption in subsection (2) applies;
    2. prescribing periods of employment for the purpose of subsection (3) which may be different for the different diseases designated under clause (a).
  5. Repealed 2011 c17 s2
  6. Repealed 2011 c17 s2
  7. If a worker who is a firefighter suffers a myocardial infarction within 24 hours after attendance at an emergency response, the myocardial infarction shall be presumed to have arisen out of and occurred during the course of employment as a firefighter unless the contrary is proven.
Presumption re firefighters

24.2
  1. In this section...
    1. “emergency medical technician” means an individual who is registered as a member of the designated health discipline of Emergency Medical Technicians under the Health Disciplines Act in the Emergency Medical Responder, Emergency Medical Technician-Ambulance or Emergency Medical Technologist-Paramedic area of practice;
    2. “firefighter” means a full-time firefighter or part-time firefighter as defined in section 24.1;
  2. If a worker who is or has been an emergency medical technician, firefighter, peace officer or police officer is diagnosed with post-traumatic stress disorder by a physician or psychologist, the post-traumatic stress disorder shall be presumed, unless the contrary is proven, to be an injury that arose out of and occurred during the course of the worker’s employment in response to a traumatic event or a series of traumatic events to which the worker was exposed in carrying out the worker’s duties as an emergency medical technician, firefighter, peace officer or police officer.
  3. The Board shall
    1. assist a worker who is diagnosed with post-traumatic stress disorder in obtaining, or
    2. provide to the worker treatment by culturally competent clinicians who are familiar with the research concerning treatment of first responders for post-traumatic stress disorder.


FIREFIGHTERS’ PRIMARY SITE CANCER REGULATION

Definitions
  1. In this Regulation,
    1. “Act” means the Workers’ Compensation Act;
    2. “non-smoker” means an individual who has not smoked a tobacco product in the 10 years prior to the date of diagnosis of a primary site cancer.

    Designated cancers and periods of employment
  2. For the purpose of section 24.1(4) of the Act, the primary site cancers and the minimum period of exposure for each disease are the following:

    PRIMARY SITE CANCERS MINIMUM PERIOD OF REGULAR EXPOSURE TO THE HAZARDS OF A FIRE SCENE
    Primary leukemia 5 years
    Primary site brain cancer 10 years
    Primary site bladder cancer 15 years
    Primary site lung cancer in non-smokers 15 years
    Primary site ureter cancer 15 years
    Primary site kidney cancer 20 years
    Primary site colorectal cancer 20 years
    A primary non-Hodgkins lymphoma 20 years

24.2(2) If a worker who is or has been an emergency medical technician, firefighter, peace officer or police officer is diagnosed with post-traumatic stress disorder by a physician or psychologist, the post-traumatic stress disorder shall be presumed, unless the contrary is proven, to be an injury that arose out of and occurred during the course of the worker’s employment in response to a traumatic event or series of traumatic events to which the worker was exposed in carrying out the worker’s duties as an emergency medical technician, firefighter, peace officer or police officer.