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Current as of January 01, 2024 | Updated by FindLaw Staff
(a) A member shall be presumed to have a performance-of-duty injury or illness that is covered by this subchapter and Chapter 7 of this title, unless such presumption is overcome by a preponderance of evidence to the contrary or the member is disqualified from the presumption pursuant to § 5-655, if:
(1) The member has been diagnosed with heart disease, hypertension, or respiratory disease;
(2) The heart disease, hypertension, or respiratory disease results in the member's inability to perform the full range of duties or in death;
(3) The member has undergone a pre-employment physical examination and the member was found, at the time of the examination, to be free of the performance-of-duty injury or illness underlying the presumption provided for in this subsection; and
(4) The member, upon request of the Director, submits to a physical examination conducted by physicians selected by the Director.
(b) An EMS employee shall be presumed to have an occupational disease suffered in the line of duty that is covered by Chapter 6 of Title 1, unless such presumption is overcome by a preponderance of evidence to the contrary or the member is disqualified from the presumption pursuant to § 5-655, if:
(1) The EMS employee has been diagnosed with heart disease, hypertension, or respiratory disease;
(2) The heart disease, hypertension, or respiratory disease results in the EMS employee's injury, as defined by § 1-623.01(5), or in death;
(3) The EMS employee has undergone a pre-employment physical examination and the EMS employee was found, at the time of the examination, to be free of the occupational disease underlying the presumption provided for in this subsection; and
(4) The EMS employee, upon request of the Director, submits to a physical examination conducted by physicians selected by the Director.
Cite this article: FindLaw.com - District of Columbia Code Division I. Government of District. § 5-652. Presumption as to disability or death from heart disease, hypertension, or respiratory disease. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-i-government-of-district/dc-code-sect-5-652/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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