FIREFIGHTER OCCUPATIONAL DISEASE DISABLEMENT

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AN ACT
RELATING TO OCCUPATIONAL DISEASE DISABLEMENT; INCLUDING
ADDITIONAL CONDITIONS THAT ARE PRESUMED TO BE PROXIMATELY
CAUSED BY EMPLOYMENT AS A FIREFIGHTER; SPECIFYING EMPLOYMENT
PERIODS FOR CERTAIN CANCERS THAT ARE PRESUMED TO BE
PROXIMATELY CAUSED BY EMPLOYMENT AS A FIREFIGHTER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 52-3-32.1 NMSA 1978 (being Laws
2009, Chapter 252, Section 1, as amended) is amended to read:
"52-3-32.1. FIREFIGHTER OCCUPATIONAL CONDITIONS.--
A. As used in this section, "firefighter" means a
person who is employed as a full-time non-volunteer
firefighter by the state or a local government entity and who
has taken the oath prescribed for firefighters.
B. If a firefighter is diagnosed with one or more
of the following conditions after the period of employment
indicated, and the condition was not revealed during an
initial employment medical screening examination or during a
subsequent medical review pursuant to the Occupational Health
and Safety Act and rules promulgated pursuant to that act,
the condition is presumed to be proximately caused by
employment as a firefighter:
(1) the following cancers after five years:
(a) bladder;
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(b) breast if diagnosed without a
breast cancer 1 or breast cancer 2 genetic predisposition to
breast cancer;
(c) brain;
(d) cervical;
(e) colon;
(f) colorectal;
(g) esophageal;
(h) kidney;
(i) leukemia;
(j) lung;
(k) malignant melanoma;
(l) mesothelioma;
(m) multiple myeloma;
(n) non-Hodgkin's lymphoma;
(o) ovarian;
(p) prostate;
(q) skin;
(r) stomach;
(s) testicular if diagnosed with no
evidence of anabolic steroids or human growth hormone use;
(t) thyroid; and
(u) ureter;
(2) hepatitis, tuberculosis, diphtheria,
meningococcal disease and methicillin-resistant
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staphylococcus aureus appearing and diagnosed after entry
into employment; or
(3) posttraumatic stress disorder diagnosed
by a physician or psychologist that results in physical
impairment, primary or secondary mental impairment or death.
C. The presumptions created in Subsections B and D
of this section may be rebutted by a preponderance of
evidence in a court of competent jurisdiction showing that
the firefighter engaged in conduct or activities outside of
employment that posed a significant risk of contracting or
developing a described condition.
D. If a firefighter is diagnosed with a heart
injury or stroke suffered within twenty-four hours of
fighting a fire, while responding to an alarm, while
returning from an alarm call, while engaging in supervised
physical training or while responding to or performing in a
non-fire emergency, the heart injury or stroke is presumed to
be proximately caused by employment as a firefighter. The
presumption created in this subsection shall not be made if
the firefighter's employer does not have a current physical
training program and the firefighter does not have a current
medical screening examination or review pursuant to the
Occupational Health and Safety Act and rules promulgated
pursuant to that act allowing participation in that program.
E. When any presumptions created in this section
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do not apply, it shall not preclude a firefighter from
demonstrating a causal connection between employment and
condition or injury by a preponderance of evidence in a court
of competent jurisdiction.
F. Medical treatment based on the presumptions
created in this section shall be provided by an employer as
for a job-related condition or injury unless and until a court
of competent jurisdiction determines that the presumption does
not apply. If the court determines that the presumption does
not apply or that the condition or injury is not job related,
the employer's workers' compensation insurance provider shall
be reimbursed for health care costs by the medical or health
insurance plan or benefit provided for the firefighter by the
employer."