New Jersey § 34:15-31

§ 34:15-31.

Any injury, illness or death of a firefighter which may be caused by cancer, including

leukemia, shall be presumed to be an occupational disease compensable under the provisions

of R.S.34:15-1 et seq. , if the firefighter has completed not less than seven years of service as a firefighter,

regardless of whether the firefighter is in active service or is no longer in active

service of a paid, part-paid, or volunteer fire department at the time of the injury,

illness or death, provided that the firefighter is not more than 75 years of age or

has not been out of active service for more than 20 years. This prima facie presumption may be rebutted by a preponderance of the evidence

that the occupational disease did not arise out of and in the course of the employment. The employer may require the firefighter to undergo, at the expense of the employer,

reasonable testing, evaluation and monitoring of health conditions of the firefighter

which is relevant to determining whether the occupational disease arose out of and

in the course of the employment, but the presumption of compensability shall not be

adversely affected by any failure of the employer to require such testing, evaluation

or monitoring. In order to receive this occupational cancer disability benefit, the type of cancer

involved shall be a type which may be caused by exposure to heat, radiation, or a

known or suspected carcinogen as defined by the International Agency for Research

on Cancer. A firefighter with less than seven years of service as a firefighter who experiences

injury, illness or death which may be caused by exposure to a known carcinogen, cancer-causing

radiation or a radioactive substance, including cancer and damage to reproductive

organs, shall be subject to the provisions of section 6 of this act. 1 1

N.J.S.A. § 34:15-31.7.