{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-402.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-402.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-402.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-402.html"}],"law_id":59437,"edition_id":1,"section_id":59437,"structure_id":15578,"section_number":"65.2-402","catch_line":"Presumption as to death or disability from respiratory disease, hypertension or heart disease, cancer","history":"1975, c. 330, \u00a7 65.1-4.1; 1976, cc. 187, 772, \u00a7 65.1-47.1; 1977, cc. 326, 620; 1978, c. 761; 1983, c. 357; 1987, c. 308; 1991, cc. 354, 355; 1994, cc. 791, 960; 1997, c. 714; 1999, cc. 581, 597, 602, 604, 607; 2000, c. 1013; 2001, cc. 330, 581; 2002, cc. 309, 737, 789; 2007, cc. 143, 616; 2009, c. 515; 2012, c. 776; 2015, cc. 38, 502, 503, 730; 2020, cc. 498, 499, 958; 2021, Sp. Sess. I, cc. 436, 437; 2023, cc. 104, 105, 204, 205; 2025, cc. 392, 404.","full_text":"A\n\nRespiratory diseases that cause (i) the death of volunteer or salaried firefighters or Department of Emergency Management hazardous materials officers or (ii) any health condition or impairment of such firefighters or Department of Emergency Management hazardous materials officers resulting in total or partial disability shall be presumed to be occupational diseases, suffered in the line of duty, that are covered by this title unless such presumption is overcome by a preponderance of competent evidence to the contrary.B\n\nHypertension or heart disease causing the death of, or any health condition or impairment resulting in total or partial disability of any of the following persons who have completed five years of service in their position as (i) salaried or volunteer firefighters, (ii) members of the State Police Officers’ Retirement System, (iii) members of county, city or town police departments, (iv) sheriffs and deputy sheriffs, (v) Department of Emergency Management hazardous materials officers, (vi) city sergeants or deputy city sergeants of the City of Richmond, (vii) Virginia Marine Police officers, (viii) conservation police officers who are full-time sworn members of the enforcement division of the Department of Wildlife Resources, (ix) Capitol Police officers, (x) special agents of the Virginia Alcoholic Beverage Control Authority appointed under the provisions of Chapter 1 (§ 4.1-100 et seq.) of Title 4.1, (xi) for such period that the Metropolitan Washington Airports Authority voluntarily subjects itself to the provisions of this chapter as provided in § 65.2-305, officers of the police force established and maintained by the Metropolitan Washington Airports Authority, (xii) officers of the police force established and maintained by the Norfolk Airport Authority, (xiii) sworn officers of the police force established and maintained by the Virginia Port Authority, (xiv) campus police officers appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1 and employed by any public institution of higher education, and (xv) salaried or volunteer emergency medical services personnel, as defined in § 32.1-111.1, when such emergency medical services personnel is operating in a locality that has legally adopted a resolution declaring that it will provide one or more of the presumptions under this subsection, shall be presumed to be occupational diseases, suffered in the line of duty, that are covered by this title unless such presumption is overcome by a preponderance of competent evidence to the contrary.C\n\nLeukemia or pancreatic, prostate, rectal, throat, ovarian, breast, colon, brain, testicular, bladder, or thyroid cancer causing the death of, or any health condition or impairment resulting in total or partial disability of, any of the following persons who have completed five years of service in their position as (i) salaried or volunteer firefighters; (ii) Department of Emergency Management hazardous materials officers; (iii) commercial vehicle enforcement officers or motor carrier safety troopers employed by the Department of State Police; (iv) arson investigators or bomb investigators employed by the Department of State Police; (v) full-time sworn members of the enforcement division of the Department of Motor Vehicles; or (vi) members of the State Police Officers’ Retirement System who collect, analyze, or handle hazardous materials, as defined in § 44-146.34, infectious biological substances and radiological agents, as defined in § 18.2-52.1, fentanyl or fentanyl analogs, or methamphetamine, its salts, isomers, or salts of its isomers shall be presumed to be an occupational disease, suffered in the line of duty, that is covered by this title, unless such presumption is overcome by a preponderance of competent evidence to the contrary. For colon, brain, or testicular cancer, the presumption shall not apply for any individual who was diagnosed with such a condition before July 1, 2020. For bladder or thyroid cancer, the presumption shall not apply for any individual who was diagnosed with such a condition before July 1, 2023. For throat cancer, the presumption shall include cancer that forms in the tissues of the pharynx, larynx, adenoid, tonsil, esophagus, trachea, nasopharynx, oropharynx, or hypopharynx.D\n\nThe presumptions described in subsections A, B, and C shall only apply if persons entitled to invoke them have, if requested by the private employer, appointing authority or governing body employing them, undergone preemployment physical examinations that (i) were conducted prior to the making of any claims under this title that rely on such presumptions, (ii) were performed by physicians whose qualifications are as prescribed by the private employer, appointing authority or governing body employing such persons, (iii) included such appropriate laboratory and other diagnostic studies as the private employer, appointing authorities or governing bodies may have prescribed, and (iv) found such persons free of respiratory diseases, hypertension, cancer or heart disease at the time of such examinations.E\n\nPersons making claims under this title who rely on such presumptions shall, upon the request of private employers, appointing authorities or governing bodies employing such persons, submit to physical examinations (i) conducted by physicians selected by such employers, authorities, bodies or their representatives and (ii) consisting of such tests and studies as may reasonably be required by such physicians. However, a qualified physician, selected and compensated by the claimant, may, at the election of such claimant, be present at such examination.F\n\nWhenever a claim for death benefits is made under this title and the presumptions of this section are invoked, any person entitled to make such claim shall, upon the request of the appropriate private employer, appointing authority or governing body that had employed the deceased, submit the body of the deceased to a postmortem examination as may be directed by the Commission. A qualified physician, selected and compensated by the person entitled to make the claim, may, at the election of such claimant, be present at such postmortem examination.G\n\nVolunteer law-enforcement chaplains, auxiliary and reserve deputy sheriffs, and auxiliary and reserve police are not included within the coverage of this section.H\n\nFor purposes of this section, “firefighter” includes special forest wardens designated pursuant to § 10.1-1135 and any persons who are employed by or contract with private employers primarily to perform firefighting services.","order_by":null,"text":{"0":{"id":217801,"text":"Respiratory diseases that cause (i) the death of volunteer or salaried firefighters or Department of Emergency Management hazardous materials officers or (ii) any health condition or impairment of such firefighters or Department of Emergency Management hazardous materials officers resulting in total or partial disability shall be presumed to be occupational diseases, suffered in the line of duty, that are covered by this title unless such presumption is overcome by a preponderance of competent evidence to the contrary.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":217802,"text":"Hypertension or heart disease causing the death of, or any health condition or impairment resulting in total or partial disability of any of the following persons who have completed five years of service in their position as (i) salaried or volunteer firefighters, (ii) members of the State Police Officers’ Retirement System, (iii) members of county, city or town police departments, (iv) sheriffs and deputy sheriffs, (v) Department of Emergency Management hazardous materials officers, (vi) city sergeants or deputy city sergeants of the City of Richmond, (vii) Virginia Marine Police officers, (viii) conservation police officers who are full-time sworn members of the enforcement division of the Department of Wildlife Resources, (ix) Capitol Police officers, (x) special agents of the Virginia Alcoholic Beverage Control Authority appointed under the provisions of Chapter 1 (§ 4.1-100 et seq.) of Title 4.1, (xi) for such period that the Metropolitan Washington Airports Authority voluntarily subjects itself to the provisions of this chapter as provided in § 65.2-305, officers of the police force established and maintained by the Metropolitan Washington Airports Authority, (xii) officers of the police force established and maintained by the Norfolk Airport Authority, (xiii) sworn officers of the police force established and maintained by the Virginia Port Authority, (xiv) campus police officers appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1 and employed by any public institution of higher education, and (xv) salaried or volunteer emergency medical services personnel, as defined in § 32.1-111.1, when such emergency medical services personnel is operating in a locality that has legally adopted a resolution declaring that it will provide one or more of the presumptions under this subsection, shall be presumed to be occupational diseases, suffered in the line of duty, that are covered by this title unless such presumption is overcome by a preponderance of competent evidence to the contrary.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":217803,"text":"Leukemia or pancreatic, prostate, rectal, throat, ovarian, breast, colon, brain, testicular, bladder, or thyroid cancer causing the death of, or any health condition or impairment resulting in total or partial disability of, any of the following persons who have completed five years of service in their position as (i) salaried or volunteer firefighters; (ii) Department of Emergency Management hazardous materials officers; (iii) commercial vehicle enforcement officers or motor carrier safety troopers employed by the Department of State Police; (iv) arson investigators or bomb investigators employed by the Department of State Police; (v) full-time sworn members of the enforcement division of the Department of Motor Vehicles; or (vi) members of the State Police Officers’ Retirement System who collect, analyze, or handle hazardous materials, as defined in § 44-146.34, infectious biological substances and radiological agents, as defined in § 18.2-52.1, fentanyl or fentanyl analogs, or methamphetamine, its salts, isomers, or salts of its isomers shall be presumed to be an occupational disease, suffered in the line of duty, that is covered by this title, unless such presumption is overcome by a preponderance of competent evidence to the contrary. For colon, brain, or testicular cancer, the presumption shall not apply for any individual who was diagnosed with such a condition before July 1, 2020. For bladder or thyroid cancer, the presumption shall not apply for any individual who was diagnosed with such a condition before July 1, 2023. For throat cancer, the presumption shall include cancer that forms in the tissues of the pharynx, larynx, adenoid, tonsil, esophagus, trachea, nasopharynx, oropharynx, or hypopharynx.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":217804,"text":"The presumptions described in subsections A, B, and C shall only apply if persons entitled to invoke them have, if requested by the private employer, appointing authority or governing body employing them, undergone preemployment physical examinations that (i) were conducted prior to the making of any claims under this title that rely on such presumptions, (ii) were performed by physicians whose qualifications are as prescribed by the private employer, appointing authority or governing body employing such persons, (iii) included such appropriate laboratory and other diagnostic studies as the private employer, appointing authorities or governing bodies may have prescribed, and (iv) found such persons free of respiratory diseases, hypertension, cancer or heart disease at the time of such examinations.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":217805,"text":"Persons making claims under this title who rely on such presumptions shall, upon the request of private employers, appointing authorities or governing bodies employing such persons, submit to physical examinations (i) conducted by physicians selected by such employers, authorities, bodies or their representatives and (ii) consisting of such tests and studies as may reasonably be required by such physicians. However, a qualified physician, selected and compensated by the claimant, may, at the election of such claimant, be present at such examination.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":217806,"text":"Whenever a claim for death benefits is made under this title and the presumptions of this section are invoked, any person entitled to make such claim shall, upon the request of the appropriate private employer, appointing authority or governing body that had employed the deceased, submit the body of the deceased to a postmortem examination as may be directed by the Commission. A qualified physician, selected and compensated by the person entitled to make the claim, may, at the election of such claimant, be present at such postmortem examination.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":217807,"text":"Volunteer law-enforcement chaplains, auxiliary and reserve deputy sheriffs, and auxiliary and reserve police are not included within the coverage of this section.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":217808,"text":"For purposes of this section, “firefighter” includes special forest wardens designated pursuant to § 10.1-1135 and any persons who are employed by or contract with private employers primarily to perform firefighting services.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":15578,"edition_id":1,"name":"Occupational Diseases","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":13199,"metadata":{},"date_created":"2026-06-26 03:56:30","date_modified":"2026-06-26 03:56:30","permalink":{"id":276355,"object_type":"structure","relational_id":15578,"identifier":"4","token":"65.2\/4","url":"\/65.2\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13199,"edition_id":1,"name":"Workers' Compensation","identifier":"65.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":276115,"object_type":"structure","relational_id":13199,"identifier":"65.2","token":"65.2","url":"\/65.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77071,"structure_id":15578,"section_number":"65.2-400","catch_line":"\"Occupational disease\" defined","url":"\/65.2-400\/","token":"65.2\/4\/65.2-400","metadata":false},{"id":81629,"structure_id":15578,"section_number":"65.2-401","catch_line":"\"Ordinary disease of life\" coverage","url":"\/65.2-401\/","token":"65.2\/4\/65.2-401","metadata":false},{"id":59437,"structure_id":15578,"section_number":"65.2-402","catch_line":"Presumption as to death or disability from respiratory disease, hypertension or heart disease, cancer","url":"\/65.2-402\/","token":"65.2\/4\/65.2-402","metadata":false},{"id":85102,"structure_id":15578,"section_number":"65.2-402.1","catch_line":"Presumption as to death or disability from infectious disease","url":"\/65.2-402.1\/","token":"65.2\/4\/65.2-402.1","metadata":false},{"id":70626,"structure_id":15578,"section_number":"65.2-403","catch_line":"Provisions in respect to injury by accident, etc., applicable to occupational disease","url":"\/65.2-403\/","token":"65.2\/4\/65.2-403","metadata":false},{"id":79901,"structure_id":15578,"section_number":"65.2-404","catch_line":"What employer and carrier liability","url":"\/65.2-404\/","token":"65.2\/4\/65.2-404","metadata":false},{"id":81595,"structure_id":15578,"section_number":"65.2-405","catch_line":"Notice to be given","url":"\/65.2-405\/","token":"65.2\/4\/65.2-405","metadata":false},{"id":76142,"structure_id":15578,"section_number":"65.2-406","catch_line":"Limitation upon claim; diseases covered by limitation","url":"\/65.2-406\/","token":"65.2\/4\/65.2-406","metadata":false},{"id":67647,"structure_id":15578,"section_number":"65.2-407","catch_line":"Waiver","url":"\/65.2-407\/","token":"65.2\/4\/65.2-407","metadata":false}],"previous_section":{"id":81629,"structure_id":15578,"section_number":"65.2-401","catch_line":"\"Ordinary disease of life\" coverage","url":"\/65.2-401\/","token":"65.2\/4\/65.2-401","metadata":false},"next_section":{"id":85102,"structure_id":15578,"section_number":"65.2-402.1","catch_line":"Presumption as to death or disability from infectious disease","url":"\/65.2-402.1\/","token":"65.2\/4\/65.2-402.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-402\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapter 330 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 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 19 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 1976, chapters 187 and 772; in 1977, chapters 326 and 620; in 1978, chapter 761; in 1983, chapter 357; in 1987, chapter 308; in 1991, chapters 354 and 355; in 1994, chapters 791<\/a> and 960<\/a>; in 1997, chapter 714<\/a>; in 1999, chapters 581<\/a>, 597<\/a>, 602<\/a>, 604<\/a>, and 607<\/a>; in 2000, chapter 1013<\/a>; in 2001, chapters 330<\/a> and 581<\/a>; in 2002, chapters 309<\/a>, 737<\/a>, and 789<\/a>; in 2007, chapters 143<\/a> and 616<\/a>; in 2009, chapter 515<\/a>; in 2012, chapter 776<\/a>; in 2015, chapters 38<\/a>, 502<\/a>, 503<\/a>, and 730<\/a>; in 2020, chapters 498<\/a>, 499<\/a>, and 958<\/a>; in 2023, chapters 104<\/a>, 105<\/a>, 204<\/a>, and 205<\/a>; in 2025, chapters 392<\/a> and 404<\/a>.<\/p>","references":[{"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":76142,"section_number":"65.2-406","catch_line":"Limitation upon claim; diseases covered by limitation","order_by":null,"url":"\/65.2-406\/"},{"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\/"},{"id":58699,"section_number":"9.1-403","catch_line":"Claim for payment; costs","order_by":null,"url":"\/9.1-403\/"}],"refers_to":[{"id":87311,"section_number":"10.1-1135","catch_line":"Appointment and compensation of forest wardens; oath; powers","order_by":null,"url":"\/10.1-1135\/"},{"id":65361,"section_number":"18.2-52.1","catch_line":"Possession of infectious biological substances or radiological agents; penalties","order_by":null,"url":"\/18.2-52.1\/"},{"id":60667,"section_number":"23.1-809","catch_line":"Public institutions of higher education; establishment of campus police departments authorized; employment of officers","order_by":null,"url":"\/23.1-809\/"},{"id":74269,"section_number":"32.1-111.1","catch_line":"Definitions","order_by":null,"url":"\/32.1-111.1\/"},{"id":55602,"section_number":"4.1-100","catch_line":"Definitions","order_by":null,"url":"\/4.1-100\/"},{"id":64208,"section_number":"44-146.34","catch_line":"Purpose; definitions","order_by":null,"url":"\/44-146.34\/"},{"id":77522,"section_number":"65.2-305","catch_line":"Voluntary subjection to provisions of title; effect of taking out insurance or qualifying as self-insurer","order_by":null,"url":"\/65.2-305\/"}],"permalink":{"id":276365,"object_type":"law","relational_id":59437,"identifier":"65.2-402","token":"65.2\/4\/65.2-402","url":"\/65.2-402\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-402\/","token":"65.2\/4\/65.2-402","dublin_core":{"Title":"Presumption as to death or disability from respiratory disease, hypertension or heart disease, cancer","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-402","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Respiratory diseases that cause (i) the death of volunteer or salaried firefighters<\/span> or Department of Emergency Management hazardous materials<\/span> officers or (ii) any health condition or impairment of such firefighters<\/span> or Department of Emergency Management hazardous materials<\/span> officers resulting in total or partial disability shall be presumed to be occupational diseases, suffered in the line of duty, that are covered by this title unless such presumption<\/span> is overcome by a preponderance of competent evidence<\/span> to the contrary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Hypertension or heart disease causing the death of, or any health condition or impairment resulting in total or partial disability of any of the following persons who have completed five years of service in their position as (i) salaried or volunteer firefighters<\/span>, (ii) members of the State Police Officers’ Retirement System, (iii) members of county, city or town police departments, (iv) sheriffs and deputy sheriffs, (v) Department of Emergency Management hazardous materials<\/span> officers, (vi) city sergeants or deputy city sergeants of the City of Richmond, (vii) Virginia Marine Police officers, (viii) conservation police officers who are full-time sworn members of the enforcement division of the Department of Wildlife Resources, (ix) Capitol Police officers, (x) special agents of the Virginia Alcoholic Beverage Control Authority appointed under the provisions of Chapter 1 (§ 4.1-100<\/a> et seq.) of Title 4.1, (xi) for such period that the Metropolitan Washington Airports Authority voluntarily subjects itself to the provisions of this chapter as provided in § 65.2-305<\/a>, officers of the police force established and maintained by the Metropolitan Washington Airports Authority, (xii) officers of the police force established and maintained by the Norfolk Airport Authority, (xiii) sworn officers of the police force established and maintained by the Virginia Port Authority, (xiv) campus police officers appointed under Article 3 (§ 23.1-809<\/a> et seq.) of Chapter 8 of Title 23.1 and employed by any public institution of higher education, and (xv) salaried or volunteer emergency medical services personnel, as defined in § 32.1-111.1<\/a>, when such emergency medical services personnel is operating in a locality that has legally adopted a resolution declaring that it will provide one or more of the presumptions<\/span> under this subsection, shall be presumed to be occupational diseases, suffered in the line of duty, that are covered by this title unless such presumption<\/span> is overcome by a preponderance of competent evidence<\/span> to the contrary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Leukemia or pancreatic, prostate, rectal, throat, ovarian, breast, colon, brain, testicular, bladder, or thyroid cancer causing the death of, or any health condition or impairment resulting in total or partial disability of, any of the following persons who have completed five years of service in their position as (i) salaried or volunteer firefighters<\/span>; (ii) Department of Emergency Management hazardous materials<\/span> officers; (iii) commercial vehicle enforcement officers or motor carrier safety troopers employed by the Department of State Police; (iv) arson<\/span> investigators or bomb investigators employed by the Department of State Police; (v) full-time sworn members of the enforcement division of the Department of Motor Vehicles; or (vi) members of the State Police Officers’ Retirement System who collect, analyze, or handle hazardous materials<\/span>, as defined in § 44-146.34<\/a>, infectious biological substances and radiological agents, as defined in § 18.2-52.1<\/a>, fentanyl or fentanyl analogs, or methamphetamine, its salts, isomers, or salts of its isomers shall be presumed to be an occupational disease, suffered in the line of duty, that is covered by this title, unless such presumption<\/span> is overcome by a preponderance of competent evidence<\/span> to the contrary. For colon, brain, or testicular cancer, the presumption<\/span> shall not apply for any individual who was diagnosed with such a condition before July 1, 2020. For bladder or thyroid cancer, the presumption<\/span> shall not apply for any individual who was diagnosed with such a condition before July 1, 2023. For throat cancer, the presumption<\/span> shall include cancer that forms in the tissues of the pharynx, larynx, adenoid, tonsil, esophagus, trachea, nasopharynx, oropharynx, or hypopharynx. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The presumptions<\/span> described in subsections A, B, and C shall only apply if persons entitled to invoke them have, if requested by the private employer<\/span>, appointing authority or governing body employing them, undergone preemployment physical examinations that (i) were conducted prior to the making of any claims under this title that rely on such presumptions<\/span>, (ii) were performed by physicians whose qualifications are as prescribed by the private employer<\/span>, appointing authority or governing body employing such persons, (iii) included such appropriate laboratory and other diagnostic studies as the private employer<\/span>, appointing authorities or governing bodies may have prescribed, and (iv) found such persons free of respiratory diseases, hypertension, cancer or heart disease at the time of such examinations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Persons making claims under this title who rely on such presumptions<\/span> shall, upon the request of private employers<\/span>, appointing authorities or governing bodies employing such persons, submit to physical examinations (i) conducted by physicians selected by such employers<\/span>, authorities, bodies or their representatives and (ii) consisting of such tests and studies as may reasonably be required by such physicians. However, a qualified physician, selected and compensated by the claimant, may, at the election of such claimant, be present at such examination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Whenever a claim for death benefits is made under this title and the presumptions<\/span> of this section are invoked, any person entitled to make such claim shall, upon the request of the appropriate private employer<\/span>, appointing authority or governing body that had employed the deceased, submit the body of the deceased to a postmortem examination as may be directed by the Commission<\/span>. A qualified physician, selected and compensated by the person entitled to make the claim, may, at the election of such claimant, be present at such postmortem examination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Volunteer law<\/span>-enforcement chaplains, auxiliary and reserve deputy sheriffs, and auxiliary and reserve police are not included within the coverage of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> For purposes of this section, “firefighter<\/span>” includes special forest wardens designated pursuant to § 10.1-1135<\/a> and any persons who are employed by or contract<\/span> with private employers<\/span> primarily to perform firefighting services. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRESUMPTION AS TO DEATH OR DISABILITY FROM RESPIRATORY DISEASE, HYPERTENSION OR\nHEART DISEASE, CANCER (\u00a7 65.2-402)\n\nA. Respiratory diseases that cause (i) the death of volunteer or salaried\nfirefighters or Department of Emergency Management hazardous materials officers\nor (ii) any health condition or impairment of such firefighters or Department of\nEmergency Management hazardous materials officers resulting in total or partial\ndisability shall be presumed to be occupational diseases, suffered in the line\nof duty, that are covered by this title unless such presumption is overcome by a\npreponderance of competent evidence to the contrary.\n\nB. Hypertension or heart disease causing the death of, or any health condition\nor impairment resulting in total or partial disability of any of the following\npersons who have completed five years of service in their position as (i)\nsalaried or volunteer firefighters, (ii) members of the State Police\nOfficers’ Retirement System, (iii) members of county, city or town police\ndepartments, (iv) sheriffs and deputy sheriffs, (v) Department of Emergency\nManagement hazardous materials officers, (vi) city sergeants or deputy city\nsergeants of the City of Richmond, (vii) Virginia Marine Police officers, (viii)\nconservation police officers who are full-time sworn members of the enforcement\ndivision of the Department of Wildlife Resources, (ix) Capitol Police officers,\n(x) special agents of the Virginia Alcoholic Beverage Control Authority\nappointed under the provisions of Chapter 1 (§ 4.1-100 et seq.) of Title\n4.1, (xi) for such period that the Metropolitan Washington Airports Authority\nvoluntarily subjects itself to the provisions of this chapter as provided in\n§ 65.2-305, officers of the police force established and maintained by the\nMetropolitan Washington Airports Authority, (xii) officers of the police force\nestablished and maintained by the Norfolk Airport Authority, (xiii) sworn\nofficers of the police force established and maintained by the Virginia Port\nAuthority, (xiv) campus police officers appointed under Article 3 (§\n23.1-809 et seq.) of Chapter 8 of Title 23.1 and employed by any public\ninstitution of higher education, and (xv) salaried or volunteer emergency\nmedical services personnel, as defined in § 32.1-111.1, when such emergency\nmedical services personnel is operating in a locality that has legally adopted a\nresolution declaring that it will provide one or more of the presumptions under\nthis subsection, shall be presumed to be occupational diseases, suffered in the\nline of duty, that are covered by this title unless such presumption is overcome\nby a preponderance of competent evidence to the contrary.\n\nC. Leukemia or pancreatic, prostate, rectal, throat, ovarian, breast, colon,\nbrain, testicular, bladder, or thyroid cancer causing the death of, or any\nhealth condition or impairment resulting in total or partial disability of, any\nof the following persons who have completed five years of service in their\nposition as (i) salaried or volunteer firefighters; (ii) Department of Emergency\nManagement hazardous materials officers; (iii) commercial vehicle enforcement\nofficers or motor carrier safety troopers employed by the Department of State\nPolice; (iv) arson investigators or bomb investigators employed by the\nDepartment of State Police; (v) full-time sworn members of the enforcement\ndivision of the Department of Motor Vehicles; or (vi) members of the State\nPolice Officers’ Retirement System who collect, analyze, or handle\nhazardous materials, as defined in § 44-146.34, infectious biological\nsubstances and radiological agents, as defined in § 18.2-52.1, fentanyl or\nfentanyl analogs, or methamphetamine, its salts, isomers, or salts of its\nisomers shall be presumed to be an occupational disease, suffered in the line of\nduty, that is covered by this title, unless such presumption is overcome by a\npreponderance of competent evidence to the contrary. For colon, brain, or\ntesticular cancer, the presumption shall not apply for any individual who was\ndiagnosed with such a condition before July 1, 2020. For bladder or thyroid\ncancer, the presumption shall not apply for any individual who was diagnosed\nwith such a condition before July 1, 2023. For throat cancer, the presumption\nshall include cancer that forms in the tissues of the pharynx, larynx, adenoid,\ntonsil, esophagus, trachea, nasopharynx, oropharynx, or hypopharynx.\n\nD. The presumptions described in subsections A, B, and C shall only apply if\npersons entitled to invoke them have, if requested by the private employer,\nappointing authority or governing body employing them, undergone preemployment\nphysical examinations that (i) were conducted prior to the making of any claims\nunder this title that rely on such presumptions, (ii) were performed by\nphysicians whose qualifications are as prescribed by the private employer,\nappointing authority or governing body employing such persons, (iii) included\nsuch appropriate laboratory and other diagnostic studies as the private\nemployer, appointing authorities or governing bodies may have prescribed, and\n(iv) found such persons free of respiratory diseases, hypertension, cancer or\nheart disease at the time of such examinations.\n\nE. Persons making claims under this title who rely on such presumptions shall,\nupon the request of private employers, appointing authorities or governing\nbodies employing such persons, submit to physical examinations (i) conducted by\nphysicians selected by such employers, authorities, bodies or their\nrepresentatives and (ii) consisting of such tests and studies as may reasonably\nbe required by such physicians. However, a qualified physician, selected and\ncompensated by the claimant, may, at the election of such claimant, be present\nat such examination.\n\nF. Whenever a claim for death benefits is made under this title and the\npresumptions of this section are invoked, any person entitled to make such claim\nshall, upon the request of the appropriate private employer, appointing\nauthority or governing body that had employed the deceased, submit the body of\nthe deceased to a postmortem examination as may be directed by the Commission. A\nqualified physician, selected and compensated by the person entitled to make the\nclaim, may, at the election of such claimant, be present at such postmortem\nexamination.\n\nG. Volunteer law-enforcement chaplains, auxiliary and reserve deputy sheriffs,\nand auxiliary and reserve police are not included within the coverage of this\nsection.\n\nH. For purposes of this section, “firefighter” includes special\nforest wardens designated pursuant to § 10.1-1135 and any persons who are\nemployed by or contract with private employers primarily to perform firefighting\nservices.\n\nHISTORY: 1975, c. 330, \u00a7 65.1-4.1; 1976, cc. 187, 772, \u00a7 65.1-47.1; 1977, cc.\n326, 620; 1978, c. 761; 1983, c. 357; 1987, c. 308; 1991, cc. 354, 355; 1994,\ncc. 791, 960; 1997, c. 714; 1999, cc. 581, 597, 602, 604, 607; 2000, c. 1013;\n2001, cc. 330, 581; 2002, cc. 309, 737, 789; 2007, cc. 143, 616; 2009, c. 515;\n2012, c. 776; 2015, cc. 38, 502, 503, 730; 2020, cc. 498, 499, 958; 2021, Sp.\nSess. I, cc. 436, 437; 2023, cc. 104, 105, 204, 205; 2025, cc. 392, 404.","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}}