27-40.1 - Presumption as to death or disability from respiratory diseases, hypertension or heart disease.
§ 27-40.1. Presumption as to death or disability from respiratory diseases,hypertension or heart disease.
The death of, or any condition or impairment of health of salaried orvolunteer fire fighters caused by respiratory diseases, hypertension or heartdisease resulting in total or partial disability shall be presumed to havebeen suffered in the line of duty unless the contrary be shown by apreponderance of competent evidence; provided that prior to making any claimbased upon such presumption for retirement, sickness or other benefits onaccount of such death or total or partial disability, such salaried orvolunteer fire fighters shall have been found free from respiratory diseases,hypertension or heart disease, as the case may be, by a physical examinationwhich shall include such appropriate laboratory and other diagnostic studiesas such governing body shall prescribe and which shall have been conducted byphysicians whose qualifications shall have been prescribed by such governingbody; and provided, further, that any such fire fighter or, in the case ofhis death, any person entitled to make a claim for such benefits, claimingthat his death or disability was suffered in the line of duty shall, ifrequested by such governing body or its authorized representative, submithimself, in the case of claim for disability benefits, to physicalexamination by any physician designated by such governing body, whichexamination may include such tests or studies as may reasonably be prescribedby the physician so designated or, in the case of a claim for death benefits,submit the body of the deceased fire fighter to a postmortem examination tobe performed by the medical examiner for the county, city or town appointedunder § 32.1-282. Such fire fighter or claimant shall have the right to havepresent at such examination, at his own expense, any qualified physician hemay designate.
(1964, c. 216; 1972, c. 607; 1973, c. 543; 1976, c. 772; 1977, c. 326; 1978,c. 768.)