Effective date: November 15, 2019
Application: Applies to all firefighter cancer and cardiac claims, regardless of injury date.
Policy subject: Decision making - Injuries
Purpose:
To provide guidelines for the adjudication of cancer and cardiac claims for firefighters.
Emergency response means those circumstances where firefighters attend a crisis situation including but not limited to a fire, motor vehicle incident, or other incident as part of their active firefighter duties.
Fire department means a fire department operated by a municipality or any prescribed local authority, cooperative or association.
Firefighter means a full-time, part-time, or volunteer member of a fire department.
Primary site cancer means the originating site of the cancer in the body.
Regular exposure means that the firefighter has been exposed to the risks and hazards associated with a fire scene(s), other than a forest fire, during the prescribed period.
the disease will be presumed to be an occupational disease predominantly caused by the firefighter’s service or employment.
Occupational Disease |
Period of Service or Employment (Cumulative) |
Brain cancer |
10 years |
Bladder cancer |
15 years |
Kidney cancer |
20 years |
Primary non-Hodgkin’s lymphoma |
20 years |
Leukemia |
5 years |
Ureter cancer |
15 years |
Colorectal cancer |
15 years |
Lung cancer (non-smoking firefighters) |
15 years |
Testicular cancer |
10 years |
Esophageal cancer |
25 years |
Prostate cancer |
15 years |
Skin cancer |
15 years |
Multiple myeloma |
15 years |
Breast cancer |
10 years |
Cervical cancer |
10 years |
Ovarian cancer |
10 years |
Lung Cancer
Average consumption |
Period of non-smoking |
Less than 7 cigarettes per week |
6 years |
1 to 9 cigarettes per day |
6 years |
10 to 19 cigarettes per day |
13 years |
20 cigarettes per day |
18 years |
21 to 39 cigarettes per day |
23 years |
40 or more cigarettes per day |
28 years |
1 or more cigars and/or pipes per day |
8 years |
Cardiac Injury
Other Considerations
Appeals
The Workers’ Compensation Act, 2013
Sections 2(1)(ii), 2(1)(r)(iii), 2(1)(aa), 20(5), 23, 27, 28, 187
The Workers’ Compensation General Regulations, 1985
Sections 22.3 and 22.4
The Fire Safety Act
Section 2
(1) August 1, 2022. Minor spelling update.
(2) Bill 165, an amendment to The Workers’ Compensation Act, 2013, added primary site prostate, skin, breast, cervical and ovarian cancer, and multiple myeloma into the list of presumptive occupational diseases for firefighters. It included an amendment to The Workers’ Compensation General Regulations to include minimum periods of employment for the additional presumptive diseases (effective November 15, 2019).
(3) January 1, 2014. References updated in accordance with The Workers’ Compensation Act, 2013.
(4) POL 06/2012, Injuries – Firefighters (effective May 18, 2011 to November 14, 2019).
(5) Bill 174, an amendment to The Workers’ Compensation Act, 1979, added primary site esophageal cancer into the list of presumptive occupational diseases for firefighters (effective May 18, 2011).
(6) POL 11/2007, Injuries – Firefighters (effective March 1, 2006 to May 17, 2011).
(7) Bill 25, an amendment to The Workers’ Compensation General Regulations, 1985, added primary site ureter, colorectal, lung and testicular cancer, and cardiac injury into the list of presumptive occupational diseases for firefighters; an amendment to the Act to include a minimum period of non-smoking in cases of a lung cancer (effective February 28, 2006).
(8) POL 09/2003, Injuries – Fire Fighters and Cancer Related to Combustion Gases (effective May 27, 2003 to February 28, 2006).
(9) Bill 18, an amendment to the Act, identified firefighting as a high risk occupation and listed primary site brain, bladder and kidney cancer, primary non-Hodgkins lymphoma, and primary leukemia as presumptive occupational diseases for firefighters (effective May 27, 2003).
(10) POL 25/78, Smoking and Respiratory Disease (effective May 10, 1978 to February 28, 2006).
POL 04/2017 Injuries – Occupational Disease
PRO 04/2017 Injuries – Occupational Disease
POL 05/201 Injuries – Heart Attack
POL 05/2014 Occupational Disease Reserve
PRO 05/2014 Occupational Disease Reserve
POL 04/2006 Coverage – Volunteer Firefighters
PRO 04/2006 Coverage – Volunteer Firefighters
POL 02/2019 Decision Making
PRO 02/2019 Decision Making