Alabama § 11-43-144 - Compensation for Death or Disability of Firefighters from Occupational Diseases.

§ 11-43-144. Compensation for Death or Disability of Firefighters from Occupational Diseases.

(a) As used in this section the following words and terms have the following meanings unless a contrary meaning is indicated by the context:

(1) BENEFIT. Any monetary allowance payable by a city or from a pension system established for the firefighters of a city to a firefighter on account of his or her disability or to his or her dependents on account of his or her death, irrespective of whether the same is payable under a pension law of the state or under some other law of the state.

(2) CITY. Any municipality of the state, regardless of its population.

(3) DISABILITY. A condition that renders an individual unable to perform the required duties of a firefighter.

(4) FIREFIGHTER. An individual employed as a firefighter by a city.

(5) FIREFIGHTER’S OCCUPATIONAL DISEASE. Any condition or impairment of health caused by any of the following:

a. Hypertension.

b. Heart disease.

c. Respiratory disease.

d. Cancer that manifests itself in a firefighter during the period in which the firefighter is in the service of the city if the firefighter demonstrates that he or she was exposed, while employed by the city, to a known carcinogen that is reasonably linked to the disabling cancer, in which case the cancer shall be presumed to arise out of and in the course of the firefighter’s employment.

e. HIV that manifests itself in a firefighter during the period in which the firefighter is employed by the city if the firefighter demonstrates that he or she was exposed to HIV while in the line and scope of his or her employment with the city.

f. Hepatitis that manifests itself in a firefighter during the period in which the firefighter is in the service of the city if the firefighter demonstrates that he or she was exposed to hepatitis while in the line and scope of his or her employment with the city.

g. Parkinson’s disease that manifests itself in a firefighter during the period in which the firefighter is in the service of the city if the firefighter demonstrates that he or she, while employed by the city, was exposed to a known toxin that is associated with an increased risk of Parkinson’s disease, in which case the Parkinson’s disease shall be presumed to arise out of and in the course of the firefighter’s employment.

(b)(1) This section shall apply to firefighters who, upon entering the service of the city as firefighters, have successfully passed a physical examination that failed to reveal any evidence of a firefighter’s occupational disease and who have completed at least three years’ service as firefighters.

(2) If a physical examination was not required at the time of entry into service, a firefighter who has completed at least three years’ continuous service as a firefighter next preceding September 8, 1967, shall be deemed eligible for benefits under this section.

(c)(1) If a firefighter who is eligible for benefits under this section suffers from a disability as a result of a firefighter’s occupational disease, his or her disability shall be compensated under any law that provides benefits for firefighters of the city who are injured in the line of duty. If a firefighter who qualifies for benefits under this section dies as the result of a firefighter’s occupational disease, his or her death shall be compensated the same as that of a firefighter killed in the line of duty pursuant to Article 1 of Chapter 30 of Title 36. However, benefits for a firefighter who is eligible for workers’ compensation pursuant to Chapter 5 of Title 25 or a firefighter who is eligible for any benefits under the State Employee Injury Compensation Trust Fund pursuant to Chapter 29A of Title 36 shall be governed solely by those provisions.

(2) Notwithstanding subdivision (1), a firefighter who dies of cancer, as provided in paragraph (a)(5)d., within 10 years of the firefighter’s last date of employment shall be considered to have been killed in the line of duty for purposes of Article 1 of Chapter 30 of Title 36.

(d) In the case of a firefighter’s occupational disease as defined in this section, the city must prove by a preponderance of the evidence that the condition was caused by some means other than the occupation to disqualify the firefighter from benefits.