PART IX PRESUMPTION RESPECTING FIREFIGHTERS AND VOLUNTEER FIREFIGHTERS — Presumption
109
(1) Where a worker who is or has been a firefighter or a volunteer firefighter is diagnosed with a listed disease and is as a result disabled or the worker's death caused by a listed disease,
109(a)
the listed disease is presumed to be due to the nature of the worker's employment as a firefighter or volunteer firefighter unless there is evidence to the contrary; and who has been a firefighter or a volunteer firefighter for at least the cumulative period of service prescribed in the regulations; and
109(b)
the worker or dependents are entitled to compensation as if the listed disease were an injury and the date of disablement were the date of injury. who has been regularly exposed to the hazards of a fire scene, other than a forest fire scene, throughout that period.
109(2)
The presumption in subsection (1) applies to a worker
109(3)
In addition to the requirements in subsection (2), the presumption for primary site lung cancer applies only to a firefighter or volunteer firefighter who has not smoked a tobacco product in the 10 years immediately before the date of the diagnosis.
109(4)
Notwithstanding subsection (1), the presumption for primary site colorectal cancer does not apply to a firefighter or volunteer firefighter who is diagnosed with primary site colorectal cancer after the age of 61.
109(5)
An employer shall provide the information prescribed in the regulations to the commission in relation to a firefighter or volunteer firefighter who is diagnosed with a listed disease.
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