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RSA 281-A:17 · Firefighter and Heart, Lung, or Cancer Disease

Title
XXIII: LABOR
Chapter
281-A · WORKERS' COMPENSATION
Status
current
Official source linked
Yes
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281-A:17 Firefighter and Heart, Lung, or Cancer Disease. –

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I.

Notwithstanding the provisions of RSA 281-A:2, XI and XIII, 16 and 27, there shall exist a prima facie presumption that heart or lung disease in a regular, call, volunteer or retired member of a fire department is occupationally related. However:

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(a)

A call or volunteer firefighter shall have the benefit of this prima facie presumption only if there is on record reasonable medical evidence that such firefighter was free of such disease at the beginning of his or her employment. It shall be the duty of the employer of a call or volunteer firefighter to provide that reasonable medical evidence. If the employer fails to do so, the call or volunteer firefighter shall have the benefit of the prima facie presumption regardless of the absence of the reasonable medical evidence.

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(b)

A retired firefighter who agrees to submit to any physical examination requested by his city, town, or precinct shall have the benefit of the prima facie presumption only during the period of time of 5 years from the effective date of such firefighter's retirement.

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(c)

The benefits of RSA 281-A:17, I shall not continue in effect beyond one month after a call, volunteer or permanent firefighter reaches his or her seventieth birthday.

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II.

Notwithstanding the provisions of RSA 281-A:2, XI and XIII, 16 and 27, there shall exist a prima facie presumption that cancer disease in a firefighter, whether a regular, call, volunteer, or retired member of a fire department, is occupationally caused. However:

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(a)

A firefighter who has been a firefighter for 10 years shall have the benefit of this prima facie presumption as follows:

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(1)

If a fire department follows the medical examination as outlined by the National Fire Protection Association standard 1582, the firefighter shall provide this report as evidence that the firefighter was free of such disease at the beginning of his or her employment and shall guarantee that he or she has lived a tobacco free lifestyle. The employer of a firefighter shall provide the required reasonable medical evidence to the workers' compensation carrier and to the firefighter to present as part of his or her claim.

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(2)

If the fire department does not follow the medical examination standard, the firefighter shall guarantee that he or she has lived a tobacco free lifestyle and has been a firefighter for 10 years and shall be required to present after action reports filed after fire incidents which demonstrate exposure to the known carcinogens as part of the claim, but shall not have the benefit of the prima facie presumption.

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(b)

A retired firefighter who has been retired between 6 and 20 years who guarantees that he or she has lived a tobacco free lifestyle and who is receiving a pension subject to RSA 100-A, shall be eligible for medical payments only under this section. If a new claim is being filed, the firefighter shall be responsible for filing applicable data and after action reports if no medical examination report can be provided. A retired firefighter who agrees to submit to any medical examination requested by the employing city, town, or precinct shall have the benefit of the prima facie presumption for a period of 20 years from the effective date of the firefighter's retirement, during which time the firefighter shall be eligible to have his or her medical expenses paid for this period.

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(c)

No active or retired firefighter shall receive the presumption benefit unless the employer voluntarily has in effect a policy that follows the fire standards and training commission curriculum requirement for best practices for use and cleaning of equipment.

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(d)

For active, regular firefighters whose employment began prior to January 1, 1997, a medical examination as outlined by the National Fire Protection Association standard 1582 may be reimbursed by the department of safety, division of fire standards and training and emergency medical services, and provided as evidence that the firefighter was free of such disease.

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(e)

For the purposes of this section, a person lives a "tobacco free lifestyle" if he or she has not, within the past 6 months, used any tobacco product, including cigarettes, cigars, chewing tobacco, snuff, or pipe tobacco 4 or more times in a week, except in the case of religious or ceremonial use of tobacco, such as by Alaska natives or Native Americans. Source. 1988, 194:2, eff. July 1, 1989. 2018, 369:1, eff. July 10, 2018. 2019, 251:6, eff. July 17, 2019. 2021, 83:1, eff. Aug. 17, 2021. 2023, 206:1, eff. Aug. 4, 2023.

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Source note

Source. 1988, 194:2, eff. July 1, 1989. 2018, 369:1, eff. July 10, 2018. 2019, 251:6, eff. July 17, 2019. 2021, 83:1, eff. Aug. 17, 2021. 2023, 206:1, eff. Aug. 4, 2023.

Source history

  • 1988, 194:2, eff. July 1, 1989
  • 2018, 369:1, eff. July 10, 2018
  • 2019, 251:6, eff. July 17, 2019
  • 2021, 83:1, eff. Aug. 17, 2021
  • 2023, 206:1, eff. Aug. 4, 2023

Related materials

Bill relationships

  • 2026 HB1705 amend · effective 2027-07-01

    ding. Amend RSA 6:12, I(b) by inserting after subparagraph (410) the following new subparagraph: (411) Moneys deposited in the first responders support fund as established in RSA 281-A:17-g. 3 Effective Date. This act shall take effect July 1, 2027. LBA 26-2393 5/21/26 HB 1705-FN- FISCAL NOTE AS AMENDED BY THE SENATE (AMENDMENT #2026-1926s) AN ACT establishing an employee assistance pr

  • 2026 HB1705 amend · effective 2027-07-01

    e Senate and House of Representatives in General Court convened: 1 New Sections; State-Funded Employee Assistance Program for Small Communities; Establishment of Fund. Amend RSA 281-A by inserting after section 17-f the following new sections: 281-A:17-g First Responders Support Fund. There is established a first responders support fund, which shall be administered by the department of health an

  • 2026 HB1705-FN amend · effective 2027-07-01

    e Senate and House of Representatives in General Court convened: 1 New Sections; State-Funded Employee Assistance Program for Small Communities; Establishment of Fund. Amend RSA 281-A by inserting after section 17-f the following new sections: 281-A:17-g First Responders Support Fund. There is established a first responders support fund, which shall be administered by the department of health an

  • 2026 HB1705-FN amend · effective 2027-07-01

    ding. Amend RSA 6:12, I(b) by inserting after subparagraph (410) the following new subparagraph: (411) Moneys deposited in the first responders support fund as established in RSA 281-A:17-g. 3 Effective Date. This act shall take effect July 1, 2027. LBA 26-2393 5/21/26 HB 1705-FN- FISCAL NOTE AS AMENDED BY THE SENATE (AMENDMENT #2026-1926s) AN ACT establishing an employee assistance pr

  • 2026 HB216 reference

    Retirement. Amend RSA 100-A:4, III(b) to read as follows: (b) Notwithstanding the provisions of subparagraph (a) or any other law to the contrary, any member who receives a weekly award under the provisions of RSA 281-A from the commissioner of labor, for injury arising out of and in the course of employment, shall be entitled to creditable service for said period [not in excess of one year]. To receive creditable service, a

  • 2026 HB216-FN reference

    III(b) to read as follows: (b) Notwithstanding the provisions of subparagraph (a) or any other law to the contrary, any member who receives a weekly award under the provisions of RSA 281-A from the commissioner of labor, for injury arising out of and in the course of employment, shall be entitled to creditable service for said period [not in excess of one year]. To receive creditable service, a member sha

  • 2026 SB423 repeal · effective 2027-11-01

    y the Senate and House of Representatives in General Court convened: 1 Commission to Study the Incidence of Post-traumatic Stress Disorder in First Responders Reestablished. RSA 281-A:17-e is repealed and reenacted to read as follows: 281-A:17-e Commission to Study the Incidence of Post-traumatic Stress Disorder in First Responders Reestablished. I.(a) There is reestablished the commission to study

  • 2026 SB661 reference

    d workers' compensation and unemployment compensation programs, which are regulated by and which report to the department of labor and the department of employment security, under RSA 281-A and RSA 282-A, respectively, shall be exempt from the requirements of this section as long as their operations and reports conform to the laws and rules adopted by those departments. 5-B:4-a Authority of the Secreta

  • 2026 SB661-FN reference

    d workers' compensation and unemployment compensation programs, which are regulated by and which report to the department of labor and the department of employment security, under RSA 281-A and RSA 282-A, respectively, shall be exempt from the requirements of this section as long as their operations and reports conform to the laws and rules adopted by those departments. 5-B:4-a Authority of the Secreta

  • 2025 HB2 amend

    604-A. 141:344 Workers' Compensation; First Responder's Critical Injury Benefit. Amend RSA 281-A:32-a, II to read as follows: II. Payments awarded under this section shall be subject to all other provisions of RSA 281-A. Total compensation payments for all additional compensation claims paid under this section shall not exceed $125,000 per claimant. Benefits paid under this section for all claimants shall not exceed [$500,000

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