module 9 part 4

Question 2

What is the firefighter cancer presumption key requirement?

Answer 2

Exposure to known carcinogens during service and a diagnosis of a covered cancer type.

Question 3

Covered cancer examples?

Answer 3

Leukemia, brain, bladder, kidney, liver, breast, lymphoma, and other specified types.

Question 4

Time window for cancer presumption?

Answer 4

Often within 10 years of last employment as firefighter/peace officer.

Question 5

Mnemonic for cancer window

Answer 5

“Ten for the Flame.”

Question 6

What is the blood-borne disease presumption?

Answer 6

Certain infectious diseases (HIV, hepatitis) in safety/health workers presumed industrial with documented exposure.

Question 7

Exposure proof needed?

Answer 7

Yes — must show documented occupational exposure event or pattern.

Question 8

What is the MRSA presumption?

Answer 8

Methicillin-resistant Staph infection presumed industrial for safety/healthcare roles if contracted at work.

Question 9

Why are infectious disease presumptions expanding?

Answer 9

Increased recognition of healthcare and safety worker exposure risks (e.g., COVID).

Question 10

What is the skin cancer presumption?

Answer 10

Some statutes presume skin cancer industrial for lifeguards and outdoor safety officers.

Question 11

Mnemonic for skin presumption

Answer 11

“SUN DUTY = COVER.”

Question 12

What is the Lyme disease presumption?

Answer 12

Some outdoor workers (e.g., rangers) presumed industrial if contracting Lyme from tick exposure.

Question 13

Key to rebutting infectious disease presumption?

Answer 13

Show no workplace exposure or stronger non-industrial cause (travel, hobbies).

Question 14

How do cumulative exposures impact presumptions?

Answer 14

Long-term exposure (smoke, sun, pathogens) strengthens presumption; rebuttal harder.

Question 15

Why is early reporting critical for infection presumption?

Answer 15

Delayed notice weakens causal link and employer defense may succeed.

Question 16

Mnemonic for early report

Answer 16

“FAST BUG.”

Question 17

What is the presumption stacking issue?

Answer 17

Multiple overlapping presumptions can make defense more difficult; each must be individually rebutted.

Question 18

What is the statutory conclusive presumption for safety PTSD?

Answer 18

None — PTSD presumption is still rebuttable, not conclusive.

Question 19

Why must QME outline timeline of exposure?

Answer 19

Shows whether presumption time limits (e.g., 3 mos TB, 10 yrs cancer) are met.

Question 20

Can employer argue genetic predisposition?

Answer 20

Yes — if supported by medical evidence, can rebut some cancer/heart presumptions.

Question 21

How do presumptions affect litigation strategy?

Answer 21

Shift focus to medical rebuttal and timing defenses rather than causation debate.

Question 22

Mnemonic for presumption defense

Answer 22

“TIME + TEST = DEFENSE.”

Question 23

What is the COVID presumption outbreak rule?

Answer 23

Applies when workplace outbreak meets statutory thresholds (e.g., 4+ positives in 14 days for large employers).

Question 24

Employer burden under COVID outbreak rule?

Answer 24

Must prove infection was non-industrial despite outbreak presumption.

Question 25

Why keep vaccination/medical records?

Answer 25

May help rebut COVID presumption by showing non-work exposure or alternate cause.

Question 26

How do presumptions change settlement dynamics?

Answer 26

Strong presumption = higher settlement leverage for worker.

Question 27

Why should QME state if presumption statute applies?

Answer 27

Helps judge/deu apply correct legal standard and avoid misrating.