                                 CODE OF VIRGINIA

PRESUMPTION AS TO DEATH OR DISABILITY FROM RESPIRATORY DISEASES, HYPERTENSION OR
HEART DISEASE (§ 27-40.1)

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
§ 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.

HISTORY: 1964, c. 216; 1972, c. 607; 1973, c. 543; 1976, c. 772; 1977, c. 326;
1978, c. 768.