firefighter; occupational disease; presumption

HB2679 - 572R - I Ver

REFERENCE TITLE:
firefighter; occupational disease; presumption

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2679

Introduced by

Representatives
Hernandez A: Carter P, Contreras L, Contreras P, Gutierrez, Hernandez C,
Hernandez L, Luna-N�jera, Martinez, Pe�a, Travers, Volk, Willoughby;�
Senators Gonzales, Gowan, Payne

AN
ACT

amending section 23-1105, arizona
revised statutes; relating to workers' compensation.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 23-1105, Arizona Revised
Statutes, is amended to read:

START_STATUTE
23-1105.

Heart-related, perivascular and pulmonary cases; firefighters;
presumption; definition

A. A heart-related, perivascular or pulmonary
injury, illness or death of a firefighter is presumed to be an occupational
disease as defined in section 23-901, paragraph 13, subdivision (c),
compensable pursuant to section 23-1043.01 and deemed to arise out of
employment if all of the following apply:

1. The firefighter passed a physical examination
before employment and the examination did not indicate evidence of
heart-related, perivascular or pulmonary injury or illness.

2. The firefighter received a physical examination
that is reasonably aligned with the national fire protection association
standard on comprehensive occupational medical program for fire departments
(NFPA 1582).

3. The firefighter was exposed to a known event and
the heart-related, perivascular or pulmonary injury, illness or death
occurred within twenty-four hours after the exposure and was reasonably
related to the exposure.

B. The presumption provided in subsection A of this
section may be rebutted
by a preponderance of the evidence that
there is a specific cause of

by clear and convincing
evidence that demonstrates all of the following:

1.
The heart-related,
perivascular or pulmonary injury, illness or death
other than the
employment
was solely caused by a nonoccupational
condition
.

2. The nonoccupational condition was
diagnosed and documented before the firefighter's employment or qualifying
event.

3. The nonoccupational condition was
independently sufficient to cause the injury, illness or death without
contribution from any of the following firefighter-related duties:

(
a
) Physical
exertion.

(
b
) Heat
stress.

(
c
) Toxic
exposure.

(
d
) Emergency
response activities.

C. The following factors do not
constitute sufficient evidence to rebut the presumption provided in subsection
B of this section:

1. Age.

2. Family history.

3. Fitness level.

4. Lifestyle factors.

5. Speculation.

6. Statistical risk factors.

7. Post-event medical findings.

D. If A heart-related,
perivascular or pulmonary injury or illness or abnormal cardiac rhythm occurred
while the firefighter is on duty or during an emergency response, training,
physical condition or department-directed activity or within twenty-four
hours of the activity, the condition is considered an occupational disease that
arose out of or in the course of employment.

C.

e.
Subsection
A of this section does not apply if there is evidence that the firefighter's
exposure to cigarettes or tobacco products outside the scope of the
firefighter's official duties is a substantial contributing cause in the
development of the heart-related, perivascular or pulmonary injury,
illness or death.

D.

f.
For
the purposes of this section
:
,

1. "heart-related"
includes any of the following:

(
a
) Myocardial
infarction.

(
b
) Acute
coronary syndrome.

(
c
) Cardiac
arrhythmias, including:

(
i
)
Supraventricular tachycardia.

(
ii
) Atrial
fibrillation.

(
iii
) Ventricular
tachycardia.

(
d
) Syncope or
near-syncope of cardiac origin.

(
e
) Structural
or electrical cardiac abnormalities precipitated or aggravated by occupational
exertion or stress.

2.
"Firefighter"
means a firefighter or volunteer firefighter as described in section 23-901,
paragraph 6, subdivision (d).
END_STATUTE