Skip Navigation Links.
Online Support available
Monday through Friday
7:30 a.m. - 5:30 p.m.
Click here to get help!
OhioBWC - Basics: (Policy library) - File

Firefighters With Cancer Occupational Disease Claims policy

Policy Name:

FIREFIGHTERS WITH CANCER OCCUPATIONAL DISEASE CLAIMS

Policy #:

CP-06-06

Code/Rule Reference:

O.R.C. 4123.68 (X); 5 C.F.R. 550.902, as amended

Effective Date:

09/29/17

Approved:

Kevin R. Abrams, Chief Operations Officer (Signature on file)

Origin:

Claims Policy

Supersedes:

Policy for firefighters with cancer occupational disease claims CP-06-06 dated 04/06/17.

History:

New 04/06/17

Review date:

04/06/20

 

 

I. POLICY PURPOSE

 

The purpose of this policy is to ensure that BWC determines and manages claims that firefighters file for cancer as an occupational disease in compliance with applicable laws.

 

II. APPLICABILITY

 

This policy applies to claims services staff.

 

III. DEFINITIONS

 

Hazardous duty:  duty performed under circumstances in which an accident could result in serious injury or death.

 

IV. POLICY

 

A.    It is the policy of BWC that the injured worker has the burden of proof and must submit evidence to establish that the presumption of causation has been met.

 

B.    It is the policy of BWC that the injured worker shall provide information using BWC’s Presumption of Causation for Firefighter Cancer (C-265) or its equivalent, in addition to the FROI.

 

C.   Cancer contracted by firefighters

 

1.    BWC shall presume that a firefighter’s cancer was contracted in the course of and arising out of the firefighter’s employment when the following conditions are met:

a.    IW worked as a firefighter;

b.    IW worked hazardous duty as a firefighter for a minimum of six years;

c.     IW was exposed to an agent classified by the International Agency for Research on Cancer (IARC) as a Group 1 or Group 2A carcinogen while working as a firefighter;

d.    IW has a written narrative cancer diagnosis by a medical provider; and

e.    The firefighter was first diagnosed, first received treatment, first quit work or died due to the cancer on or after April 6, 2017.  If the firefighter was first diagnosed or first received treatment prior to April 6, 2017, but has not yet quit work due to the disease, the claim is eligible for consideration under the presumption.

 

2.    The presumption of causation may be rebutted when any of the following evidence is submitted:

a.    IW is 70 years of age or older;

b.    The firefighter was last assigned to hazardous duty as a firefighter more than:

i.      15 years ago, for claims filed on or after 09/29/17; or

ii.     20 years ago, for claims filed between 04/06/17 through 09/28/17.

c.     IW was exposed to cigarettes, tobacco products or other conditions that present an extremely high risk for the development of the cancer alleged, and such exposure was probably a significant factor in the cause or progression of the cancer;

d.    For claims filed on or after 09/29/17, there is evidence that shows, by a preponderance of competent scientific evidence, that exposure to the type of carcinogen alleged did not or could not have caused the cancer being alleged.

e.    There is evidence that the firefighter was not exposed to an agent classified by the International Agency for Research on Cancer (IARC) as a Group 1 or Group 2A carcinogen while working as firefighter;

f.      There is evidence that the firefighter incurred the type of cancer alleged prior to becoming a firefighter.

 

3.    If the conditions to establish the presumption listed above in section IV.C.1. have been met and evidence has not been submitted to rebut the presumption, BWC shall allow the claim.

 

4.    If evidence is submitted to rebut the presumption, BWC shall review the claim to determine whether the evidence is sufficient to rebut the presumption.

 

5.    BWC may, in rare situations, obtain an independent physician file review or independent medical examination for a firefighter alleging cancer as an occupational disease.

 

6.    If the presumption is not met in accordance with section IV.C.1., or the presumption is rebutted as outlined in section IV.C.2., BWC shall refer to the Occupational Disease Claims policy for further processing of the claim.

 

D.   Compensation for a firefighter with a claim for cancer presumptively allowed under the law shall be limited to:

1.    Temporary Total Disability compensation;

 

2.    Working wage loss compensation;

 

3.    Permanent Total Disability compensation;

 

4.    Death Benefits.

 

E.    BWC will follow all other applicable policies for processing benefits once BWC has presumptively allowed a firefighter’s claim for cancer.

 

 

BWC staff may refer to the corresponding procedure for this policy entitled “PROCEDURE FOR FIREFIGHTERS WITH CANCER OCCUPATIONAL DISEASE CLAIMS” for further guidance.


Resources