{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/27-40.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/27-40.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/27-40.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/27-40.1.html"}],"law_id":77104,"edition_id":1,"section_id":77104,"structure_id":15380,"section_number":"27-40.1","catch_line":"Presumption as to death or disability from respiratory diseases, hypertension or heart disease","history":"1964, c. 216; 1972, c. 607; 1973, c. 543; 1976, c. 772; 1977, c. 326; 1978, c. 768.","full_text":"The death of, or any condition or impairment of health of salaried or volunteer fire fighters caused by respiratory diseases, hypertension or heart disease resulting in total or partial disability shall be presumed to have been suffered in the line of duty unless the contrary be shown by a preponderance of competent evidence; provided that prior to making any claim based upon such presumption for retirement, sickness or other benefits on account of such death or total or partial disability, such salaried or volunteer fire fighters shall have been found free from respiratory diseases, hypertension or heart disease, as the case may be, by a physical examination which shall include such appropriate laboratory and other diagnostic studies as such governing body shall prescribe and which shall have been conducted by physicians whose qualifications shall have been prescribed by such governing body; and provided, further, that any such fire fighter or, in the case of his death, any person entitled to make a claim for such benefits, claiming that his death or disability was suffered in the line of duty shall, if requested by such governing body or its authorized representative, submit himself, in the case of claim for disability benefits, to physical examination by any physician designated by such governing body, which examination may include such tests or studies as may reasonably be prescribed by 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 to be performed by the medical examiner for the county, city or town appointed under \u00a7 32.1-282. Such fire fighter or claimant shall have the right to have present at such examination, at his own expense, any qualified physician he may designate.","order_by":null,"text":{"0":{"id":276634,"text":"The death of, or any condition or impairment of health of salaried or volunteer fire fighters caused by respiratory diseases, hypertension or heart disease resulting in total or partial disability shall be presumed to have been suffered in the line of duty unless the contrary be shown by a preponderance of competent evidence; provided that prior to making any claim based upon such presumption for retirement, sickness or other benefits on account of such death or total or partial disability, such salaried or volunteer fire fighters shall have been found free from respiratory diseases, hypertension or heart disease, as the case may be, by a physical examination which shall include such appropriate laboratory and other diagnostic studies as such governing body shall prescribe and which shall have been conducted by physicians whose qualifications shall have been prescribed by such governing body; and provided, further, that any such fire fighter or, in the case of his death, any person entitled to make a claim for such benefits, claiming that his death or disability was suffered in the line of duty shall, if requested by such governing body or its authorized representative, submit himself, in the case of claim for disability benefits, to physical examination by any physician designated by such governing body, which examination may include such tests or studies as may reasonably be prescribed by 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 to be performed by the medical examiner for the county, city or town appointed under \u00a7 32.1-282. Such fire fighter or claimant shall have the right to have present at such examination, at his own expense, any qualified physician he may designate.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15380,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":15379,"metadata":{},"date_created":"2026-06-26 03:54:27","date_modified":"2026-06-26 03:54:27","permalink":{"id":190251,"object_type":"structure","relational_id":15380,"identifier":"1","token":"27\/4\/1","url":"\/27\/4\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15379,"edition_id":1,"name":"Relief for Fire Fighters and Dependents","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":13504,"metadata":{},"date_created":"2026-06-26 03:54:27","date_modified":"2026-06-26 03:54:27","permalink":{"id":190249,"object_type":"structure","relational_id":15379,"identifier":"4","token":"27\/4","url":"\/27\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13504,"edition_id":1,"name":"Fire Protection","identifier":"27","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:45:05","date_modified":"2026-06-26 03:45:05","permalink":{"id":189965,"object_type":"structure","relational_id":13504,"identifier":"27","token":"27","url":"\/27\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76752,"structure_id":15380,"section_number":"27-38","catch_line":"Repealed","url":"\/27-38\/","token":"27\/4\/1\/27-38","metadata":false},{"id":59365,"structure_id":15380,"section_number":"27-39","catch_line":"Counties, cities and towns authorized to provide relief","url":"\/27-39\/","token":"27\/4\/1\/27-39","metadata":false},{"id":78427,"structure_id":15380,"section_number":"27-40","catch_line":"Support of dependent children of firemen","url":"\/27-40\/","token":"27\/4\/1\/27-40","metadata":false},{"id":77104,"structure_id":15380,"section_number":"27-40.1","catch_line":"Presumption as to death or disability from respiratory diseases, hypertension or heart disease","url":"\/27-40.1\/","token":"27\/4\/1\/27-40.1","metadata":false},{"id":61063,"structure_id":15380,"section_number":"27-40.1:1","catch_line":"Performance of physical examinations required by \u00a7 27-40.1","url":"\/27-40.1_1\/","token":"27\/4\/1\/27-40.1_1","metadata":false},{"id":71787,"structure_id":15380,"section_number":"27-40.2","catch_line":"Employing such presumption in determining eligibility for benefits","url":"\/27-40.2\/","token":"27\/4\/1\/27-40.2","metadata":false},{"id":62658,"structure_id":15380,"section_number":"27-40.3","catch_line":"Definition","url":"\/27-40.3\/","token":"27\/4\/1\/27-40.3","metadata":false},{"id":58564,"structure_id":15380,"section_number":"27-40.4","catch_line":"Income earned during disability retirement; reduction in benefits","url":"\/27-40.4\/","token":"27\/4\/1\/27-40.4","metadata":false}],"previous_section":{"id":78427,"structure_id":15380,"section_number":"27-40","catch_line":"Support of dependent children of firemen","url":"\/27-40\/","token":"27\/4\/1\/27-40","metadata":false},"next_section":{"id":61063,"structure_id":15380,"section_number":"27-40.1:1","catch_line":"Performance of physical examinations required by \u00a7 27-40.1","url":"\/27-40.1_1\/","token":"27\/4\/1\/27-40.1_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/27-40.1\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 216 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1964 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1972, chapter 607; in 1973, chapter 543; in 1976, chapter 772; in 1977, chapter 326; in 1978, chapter 768.<\/p>","references":[{"id":58265,"section_number":"15.2-1504","catch_line":"Use of tobacco products by government employees","order_by":null,"url":"\/15.2-1504\/"},{"id":56132,"section_number":"2.2-1205","catch_line":"Purchase of continued health insurance coverage by the surviving spouse and any dependents of an active or retired local law-enforcement officer, firefighter, etc., through the Department","order_by":null,"url":"\/2.2-1205\/"},{"id":62402,"section_number":"2.2-2902","catch_line":"Use of tobacco products by state employees","order_by":null,"url":"\/2.2-2902\/"},{"id":75091,"section_number":"23.1-1024","catch_line":"Covered institutions; operational authority; human resources; miscellaneous personnel matters","order_by":null,"url":"\/23.1-1024\/"},{"id":59365,"section_number":"27-39","catch_line":"Counties, cities and towns authorized to provide relief","order_by":null,"url":"\/27-39\/"},{"id":61063,"section_number":"27-40.1:1","catch_line":"Performance of physical examinations required by \u00a7 27-40.1","order_by":null,"url":"\/27-40.1_1\/"},{"id":71787,"section_number":"27-40.2","catch_line":"Employing such presumption in determining eligibility for benefits","order_by":null,"url":"\/27-40.2\/"},{"id":54405,"section_number":"9.1-400","catch_line":"Title of chapter; definitions","order_by":null,"url":"\/9.1-400\/"},{"id":60273,"section_number":"9.1-402","catch_line":"Payments to beneficiaries of certain deceased law-enforcement officers, firefighters, etc., and retirees","order_by":null,"url":"\/9.1-402\/"}],"refers_to":[{"id":65973,"section_number":"32.1-282","catch_line":"Medical examiners","order_by":null,"url":"\/32.1-282\/"}],"permalink":{"id":190265,"object_type":"law","relational_id":77104,"identifier":"27-40.1","token":"27\/4\/1\/27-40.1","url":"\/27-40.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/27-40.1\/","token":"27\/4\/1\/27-40.1","dublin_core":{"Title":"Presumption as to death or disability from respiratory diseases, hypertension or heart disease","Type":"Text","Format":"text\/html","Identifier":"\u00a7 27-40.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The death of, or any condition or impairment of health of salaried or volunteer fire fighters caused by respiratory diseases, hypertension or heart disease resulting in total or partial disability shall be presumed to have been suffered in the line of duty unless the contrary be shown by a preponderance of competent evidence<\/span>; provided that prior to making any claim based upon such presumption<\/span> for retirement, sickness or other benefits on account of such death or total or partial disability, such salaried or volunteer fire fighters shall have been found free from respiratory diseases, hypertension or heart disease, as the case may be, by a physical examination which shall include such appropriate laboratory and other diagnostic studies as such governing body shall prescribe and which shall have been conducted by physicians whose qualifications shall have been prescribed by such governing body; and provided, further, that any such fire fighter or, in the case of his death, any person entitled to make a claim for such benefits, claiming that his death or disability was suffered in the line of duty shall, if requested by such governing body or its authorized representative, submit himself, in the case of claim for disability benefits, to physical examination by any physician designated by such governing body, which examination may include such tests or studies as may reasonably be prescribed by 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 to be performed by the medical examiner for the county, city or town appointed under \u00a7 32.1-282<\/a>. Such fire fighter or claimant shall have the right to have present at such examination, at his own expense, any qualified physician he may designate.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRESUMPTION AS TO DEATH OR DISABILITY FROM RESPIRATORY DISEASES, HYPERTENSION OR\nHEART DISEASE (\u00a7 27-40.1)\n\nThe death of, or any condition or impairment of health of salaried or volunteer\nfire fighters caused by respiratory diseases, hypertension or heart disease\nresulting in total or partial disability shall be presumed to have been suffered\nin the line of duty unless the contrary be shown by a preponderance of competent\nevidence; provided that prior to making any claim based upon such presumption\nfor retirement, sickness or other benefits on account of such death or total or\npartial disability, such salaried or volunteer fire fighters shall have been\nfound free from respiratory diseases, hypertension or heart disease, as the case\nmay be, by a physical examination which shall include such appropriate\nlaboratory and other diagnostic studies as such governing body shall prescribe\nand which shall have been conducted by physicians whose qualifications shall\nhave been prescribed by such governing body; and provided, further, that any\nsuch fire fighter or, in the case of his death, any person entitled to make a\nclaim for such benefits, claiming that his death or disability was suffered in\nthe line of duty shall, if requested by such governing body or its authorized\nrepresentative, submit himself, in the case of claim for disability benefits, to\nphysical examination by any physician designated by such governing body, which\nexamination may include such tests or studies as may reasonably be prescribed by\nthe physician so designated or, in the case of a claim for death benefits,\nsubmit the body of the deceased fire fighter to a postmortem examination to be\nperformed by the medical examiner for the county, city or town appointed under\n\u00a7 32.1-282. Such fire fighter or claimant shall have the right to have present\nat such examination, at his own expense, any qualified physician he may\ndesignate.\n\nHISTORY: 1964, c. 216; 1972, c. 607; 1973, c. 543; 1976, c. 772; 1977, c. 326;\n1978, c. 768.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}