Vermont Presumptive Disabilities Act

Vermont Laws
TITLE 21 Work
CHAPTER 9. EMPLOYER’S RESPONSIBILITY AND COMPENSATION FOR WORK ACCIDENTS

Section 601 Definitions.

As used in this chapter:

1. In the case of firefighters, as defined in subsections 3151(3) and (4) of Section 3151 of Article 20 VSA, disability or death resulting from cardiac injury or heart disease that becomes symptomatic within 72 hours of service in the line of duty is presumed compensable.
2. The term “in the course of duty”, as it applies to firefighters and first responders and paramedics, means one or more of the following:
   1. Service in the worker’s city or district, in response to a call for service, including traveling to or from a fire or emergency situation or participating in a fire or emergency drill, parade, trial or trial of firefighting or emergency equipment.
   2. Similar service in another city or district where the service was called for firefighting or emergency purposes.
   3. Service under the direction of an official of the department in any other emergency for which the service is called in the city or district where the service is established.
   4. Activities authorized by the ministry for the purpose of raising funds for the ministry.

3. The expression “in the course of duty”, as it applies to police officers, constables or volunteer reserve police officers, means any of the following, or both :
   1. Service as a police officer in response to a complaint filed with the department, including traveling to, returning from and investigating the complaint or disturbance.
   2. Service by order of the department or in any emergency situation for which the employee is serving as a police officer, constable, or volunteer reserve police officer.

(11) The term “personal injury resulting from an accident arising out of and in the course of employment” includes injury caused by the intentional act of a third party directed against an employee by reason of that employment.

(E) In the case of a firefighter, as defined in 20 VSA § 3151(3) and (4), who dies or suffers a disability due to cancer listed in subsection (iii) of the this subsection (E), the firefighter is presumed to have had cancer as a result of exposure to conditions in the line of duty, unless it is demonstrated by a preponderance of evidence that cancer was caused by non-service related risk factors or non-service related exposure, provided that:

(i) (I) the firefighter has completed an initial assessment and any subsequent cancer assessment recommended by the American Cancer Society based on the firefighter’s age and sex before becoming a firefighter or within two years after July 1 2007 while he was a firefighter, and evaluation revealed no signs of cancer;

(II) the firefighter performed firefighting duties or other hazardous activities for a period of at least five years in Vermont prior to diagnosis; And

(III) the firefighter is under 65 years of age.

(ii) The presumption does not apply to firefighters who have used tobacco products at any time within 10 years of the date of diagnosis.

(iii) Disabling cancer must be limited to leukemia, lymphoma or multiple myeloma, as well as cancers of the bladder, brain, breast, colon, gastrointestinal tract, kidney, liver, lungs, pancreas, reproductive system, skin or thyroid testicles

(F) A firefighter who is diagnosed with cancer within 10 years of the last date of active employment as a firefighter is eligible for benefits under this subsection. The date of injury is the date of the last harmful exposure as a firefighter.

(G) It is recommended that fire departments:

(i) retain incident reports for at least 10 years; And

(ii) offer or provide annual cancer screenings to all firefighters who are employed by or volunteer for the department.

3. In the case of firefighters and members of a rescue or ambulance team, disability or death resulting from pulmonary disease or infectious disease, either of which is caused by agents airborne infectious or bloodborne pathogens and which was contracted after documented occupational exposure in the line of duty to a sick person is presumed compensable. unless it is demonstrated by a preponderance of evidence that the illness was caused by non-service-connected risk factors or non-service-connected exposure. The presumption of compensation cannot be invoked if the employer offers a vaccine that is refused by the firefighter or rescuer or paramedic and the firefighter or rescuer or paramedic is subsequently diagnosed with the particular illness for which the vaccine was offered, unless the firefighter’s or rescuer’s or paramedic’s physician determines that the vaccine is not medically safe or appropriate for the firefighter’s or rescuer’s or paramedic’s use.

4. In the case of lung disease, the presumption of compensation does not apply to firefighters, rescue workers or paramedics who have used tobacco products at any time within 10 years of the date of diagnosis.

5. A firefighter or rescuer or paramedic must have been diagnosed within 10 years of the last date of active employment as a firefighter or rescuer or paramedic.

6. In this subsection, the term “exposure” means contact with infectious agents such as bodily fluids through inhalation, percutaneous inoculation or contact with an open wound, non-intact skin or mucous membranes, or other potentially infectious materials that may result from the performance of an employee’s duties. The exhibition includes:
   1. Percutaneous exposure. Percutaneous exposure occurs when blood or bodily fluids are introduced into the body through the skin, including through needle sticks, cuts, abrasions, broken cuticles, and chapped skin.
   2. Mucocutaneous exposure. Mucocutaneous exposure occurs when blood or bodily fluids come into contact with a mucous membrane.
   3. Aerial exposure. Airborne exposure refers to contact with a person with a suspected or confirmed case of airborne disease or contact with air containing aerosolized airborne disease.

(11) The term “personal injury resulting from an accident arising out of and in the course of employment” includes injury caused by the deliberate act of a third party against an employee by reason of that job.

(I) (i) In the case of police officers, first responders or ambulance workers, or firefighters, post-traumatic stress disorder diagnosed by a psychiatrist or psychologist is presumed to have been contracted during service in the exercise of his duties. duties and is compensable, unless it is shown by a preponderance of the evidence that the post-traumatic stress disorder was caused by non-service-related risk factors or non-service-related exposure.

(ii) A police officer, first responder or paramedic, or firefighter who is diagnosed with
Post-traumatic stress disorder within three years following the last active date of employment as a police officer, first responder, paramedic or firefighter is eligible for the benefits provided for in this subsection (11 ).