Do You Know the Rule? Or. Firefighters’ Presumption 

Salem, OR (workerscompensation.com). Under the firefighter’s presumption, firefighters in Oregon need not bear the burden of demonstrating that certain diseases were caused by their occupation, if certain criteria are met. 

When the presumption applies 

The presumption applies to non-volunteer firefighters: 

1. Who have five or more years of employment as a firefighter; and 

2. Are struck with death, disability, or impairment from a specified disease. 

Definition of 'non-volunteer' firefighter 

The presumption does not apply to volunteers, only to non-volunteers. “Non-volunteer firefighter” means a firefighter who: 

1. Performs firefighting services; and  

2. Receives salary, hourly wages equal to or greater than the state minimum wage, or other compensation (but the following compensation doesn’t count: room, board, lodging, housing, meals, stipends, reimbursement for expenses or nominal payments for time and travel). 

Types of diseases triggering the presumption 

The presumption applies when a firefighter’s death, disability, or impairment of health is caused by one of the diseases listed in the two applicable statutory provisions.  

Standard for denying claims  

In cases where the presumption applies, the claim is not automatically compensable. An employer may still deny a claim. However, to do so, it must satisfy one of the applicable standards, which are slightly different depending on the firefighter’s disease. 

Additional requirements in order for the presumption to apply 

Note: Even if the presumption does not apply, the claim may still be compensable if the firefighter can establish that it is causally related to his or her work. 

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