Section 891.453. Presumption of employment-connected disease; infectious disease.

 

(1)  In this section:

(a) “Correctional officer" means any person employed by the state or by a county or a municipality as a guard or officer whose principal duties are the supervision and discipline of inmates.

(b) “Emergency medical service provider" means a person employed by the state or by a county or municipality and who is an emergency medical technician under s. 256.01 (5) or a first responder under s. 256.01 (9) .

(c) “Fire fighter" means a state, county, or municipal fire fighter who is covered under s. 891.45 and any person under s. 60.553 , 61.66 , or 62.13 (2e) whose duties as a fire fighter took up at least two-thirds of his or her working hours.

(d) “Law enforcement officer" means any person employed by the state or by a county or a municipality for the purpose of detecting and preventing crime and enforcing laws or ordinances, who is authorized to make arrests for violations of the laws or ordinances which he or she is employed to enforce. “Law enforcement officer" includes a person under s. 60.553 , 61.66 , or 62.13 (2e) whose duties as a police officer took up at least two-thirds of his or her working hours.

(2)  

(a) In this subsection, “infectious disease" includes the human immunodeficiency virus, acquired immunodeficiency syndrome, tuberculosis, hepatitis A, hepatitis B, hepatitis C, hepatitis D, diphtheria, meningococcal meningitis, methicillin-resistant staphylococcus aureus, and severe acute respiratory syndrome.

(b) In any proceeding involving the application by a correctional officer, an emergency medical service provider, a fire fighter, or a law enforcement officer or his or her beneficiary for disability or death benefits under s. 40.65 (2) or any pension or retirement system applicable to correctional officers, emergency medical service providers, fire fighters, or law enforcement officers, if a qualifying medical examination given prior to the time of his or her becoming a correctional officer, an emergency medical service provider, a fire fighter, or a law enforcement officer showed no evidence of an infectious disease, and if the disability or death is found to be caused by an infectious disease, the finding shall be presumptive evidence that the infectious disease was caused by the employment.

2009 a. 284 ; 2011 a. 32 .