Rhode Island General Laws 45-19-16.1. Presumption for heart disease and hypertension
(a) Notwithstanding the provisions of any general or special law to the contrary, any firefighter, as defined in § 45-19-1, who is unable to perform the duties required thereof because of an impairment of health caused by heart disease, stroke, or hypertension is presumed to have suffered an in-the-line-of duty injury/disability, unless the contrary can be proven by clear and convincing evidence; and the firefighter shall be entitled to all benefits provided for in chapters 19, 21, 21.2, and 21.3 of this title.
Terms Used In Rhode Island General Laws 45-19-16.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
(b) This presumption shall not apply to firefighters hired after July 1, 2023, in the following situations:
(1) If a physical examination was conducted at the time the firefighter was hired and the examination revealed that person was suffering from heart disease or hypertension.
(2) If the firefighter had regularly or habitually used tobacco products during the five (5) years prior to any diagnosis of heart disease or hypertension or suffering a stroke.
History of Section.
P.L. 2023, ch. 360, § 1, effective June 27, 2023; P.L. 2023, ch. 361, § 1, effective June 27, 2023.