| Missouri State Statutes: Chapter 87 |
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Missouri Revised Statutes - Chapter 87
Missouri Revised Statutes
TITLE VII – CITIES, TOWNS AND VILLAGES
Chapter 87 – Firemen’s Retirement and Relief Systems
Firemen, certain diseases presumed incurred in line of duty –conditions.
Missouri Legislative Website
DESCRIPTION:
87.005.
- Notwithstanding the provisions of any law to the contrary, after five years’ service, any condition of impairment of health caused by any infectious disease, disease of the lungs or respiratory tract, hypertension, or disease of the heart resulting in total or partial disability or death to a uniformed member of a paid fire department, who successfully passed a physical examination within five years prior to the time a claim is made for such disability or death, which examination failed to reveal any evidence of such condition, shall be presumed to have been suffered in line of duty, unless the contrary be shown by competent evidence. In order to receive the presumption that an infectious disease was contracted in the line of duty, the member shall submit to an annual physical examination, at which a blood test is administered.
- This section shall apply only to the provisions of chapter 87, RSMo 1959.
- As used in this section, the term “infectious disease” means the human immunodeficiency virus, acquired immunodeficiency syndrome, tuberculosis, hepatitis A, hepatitis B, hepatitis C, hepatitis D, diphtheria, meningococcal meningitis, methicillin-resistant staphylococcus aureus, hemorrhagic fever, plague, rabies, and severe acute respiratory syndrome.
87.006.
- Notwithstanding the provisions of any law to the contrary, and only for the purpose of computing retirement benefits provided by an established retirement plan, after five years’ service, any condition of impairment of health caused by any infectious disease, disease of the lungs or respiratory tract, hypotension, hypertension, or disease of the heart resulting in total or partial disability or death to a uniformed member of a paid fire department, who successfully passed a physical examination within five years prior to the time a claim is made for such disability or death, which examination failed to reveal any evidence of such condition, shall be presumed to have been suffered in the line of duty, unless the contrary be shown by competent evidence. In order to receive the presumption that an infectious disease was contracted in the line of duty, the member shall submit to an annual physical examination, at which a blood test is administered.
- Any condition of cancer affecting the skin or the central nervous, lymphatic, digestive, hematological, urinary, skeletal, oral, breast, testicular, genitourinary, liver or prostate systems, as well as any condition of cancer which may result from exposure to heat or radiation or to a known or suspected carcinogen as determined by the International Agency for Research on Cancer, which results in the total or partial disability or death to a uniformed member of a paid fire department who successfully passed a physical examination within five years prior to the time a claim is made for disability or death, which examination failed to reveal any evidence of such condition, shall be presumed to have been suffered in the line of duty unless the contrary be shown by competent evidence and it can be proven to a reasonable degree of medical certainty that the condition did not result nor was contributed to by the voluntary use of tobacco.
- This section shall apply to paid members of all fire departments of all counties, cities, towns, fire districts, and other governmental units.
- As used in this section, the term “infectious disease” means the human immunodeficiency virus, acquired immunodeficiency syndrome, tuberculosis, hepatitis A, hepatitis B, hepatitis C, hepatitis D, diphtheria, meningococcal meningitis, methicillin-resistant staphylococcus aureus, hemorrhagic fever, plague, rabies, and severe acute respiratory syndrome.
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| State of Missouri - Death Benefits |
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Compensation Benefits For Certain Emergency Personnel Killed in the Line of Duty
Benefits are available for survivors of air ambulance pilots, air ambulance registered nurses, emergency medical technicians, firefighters, law enforcement officers, and volunteer firefighters, and, for deaths occurring on or after August 28,2018, for survivors of air ambulance registered respiratory therapists, flight crew members, and public safety officers who are killed in the line of duty when:
- Death was caused by an accident or the willful act of violence of another
- The deceased person was in the active performance of his or her duties in his or her respective profession and there is a relationship between the accident or commission of the act of violence and the performance of the duty, even if the individual was off duty; the deceased person was traveling to or from employment; or the deceased person was taking any meal break or other break which took place while that individual was on duty
- Death was the natural and probable consequence of the injury
- Death occurred within three hundred weeks from the date the injury was received
- "Death in the line of duty" does not include death resulting from willful misconduct or intoxication of the deceased person
See the Line of Duty Compensation Act Section 287.243 RSMo.
A $25,000 death benefit shall be awarded to the survivors of the individual killed in the line of duty. The death benefit is in addition to any other pension rights, death benefits, or other compensation to which the claimant may otherwise be entitled by law. To claim benefits, the estate of the deceased must file the below form, dependent on date of the workers' death, with the Division within one year from the date of death. For more information click here.
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Page Last Updated: Dec 14, 2020 (13:06:00)
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