Bill > HB128

This bill expands the list of health conditions that are presumed to be work-related for full-time, non-volunteer firefighters in New Mexico. Specifically, it adds several types of cancer, including bladder, breast (without genetic predisposition), brain, cervical, colon, colorectal, esophageal, kidney, leukemia, lung, malignant melanoma, mesothelioma, multiple myeloma, non-Hodgkin's lymphoma, ovarian, prostate, skin, stomach, testicular (without anabolic steroid or human growth hormone use), thyroid, and ureter cancers, which are presumed to be caused by their job if diagnosed after five years of employment. The bill also includes hepatitis, tuberculosis, diphtheria, meningococcal disease, and methicillin-resistant staphylococcus aureus (MRSA) infections, as well as posttraumatic stress disorder (PTSD) that results in physical or mental impairment or death, as conditions presumed to be work-related if they appear after employment begins. These presumptions can be challenged if it can be proven that the firefighter engaged in activities outside of work that significantly increased their risk of developing the condition. The bill also clarifies that heart injuries or strokes occurring within 24 hours of fighting a fire, responding to an alarm, returning from an alarm, engaging in supervised physical training, or responding to a non-fire emergency are presumed to be work-related, provided the employer has a current physical training program and the firefighter has undergone necessary medical screenings. Importantly, employers are required to provide medical treatment for these presumed conditions unless a court determines otherwise, with provisions for reimbursement to workers' compensation insurance providers if a presumption is overturned.