WITH CANCER OCCUPATIONAL DISEASE CLAIMS
4123.68 (X); 5 C.F.R. 550.902, as amended
R. Abrams, Chief Operations Officer (Signature on file)
for firefighters with cancer occupational disease claims CP-06-06 dated
of this policy is to ensure that BWC determines and manages claims that
firefighters file for cancer as an occupational disease in compliance with
policy applies to claims services staff.
duty performed under circumstances in which an accident could result in serious
injury or death.
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
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
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
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
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
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.