Code of the District of Columbia

§ 5–654. Presumption as to disability or death from infectious disease.

(a) A member shall be presumed to have a performance-of-duty injury or illness that is covered by subchapter I of this chapter, subchapter I of Chapter 7 of this title, § 5-708, §§ 5-711, 5-715, 5-702, 5-705, and 5-719, § 5-722, §§ 5-731, 5-732, and 5-733, § 5-741, § 5-742, § 5-743, § 5-744, §§ 5-745 and 5-746, § 5-747, § 5-761, and § 5-762, unless such presumption is overcome by a preponderance of evidence to the contrary or the member is disqualified from the presumption pursuant to § 5-655, if:

(1) The member has been diagnosed with hepatitis, meningococcal meningitis, tuberculosis, or human immunodeficiency virus ("HIV");

(2) The member has had a documented exposure to blood or bodily fluids during the performance of job duties;

(3) The hepatitis, meningococcal meningitis, tuberculosis, or HIV results in the member's inability to perform the full range of duties or in death;

(4) The member has undergone a pre-employment physical examination and the was found, at the time of the examination, to be free of the performance-of-duty injury or illness underlying the presumption provided for in this subsection; and

(5) The member, upon request of the Director, submits to a physical examination conducted by physicians selected by the Director.

(b) An EMS employee shall be presumed to have an occupation disease suffered in the line of duty that is covered by Chapter 6 of Title 1, unless such presumption is overcome by a preponderance of evidence to the contrary or the member is disqualified from the presumption pursuant to § 5-655, if:

(1) The EMS employee has been diagnosed with hepatitis, meningococcal meningitis, tuberculosis, or human immunodeficiency virus ("HIV");

(2) The EMS employee has had a documented exposure to blood or bodily fluids during the performance of job duties;

(3) The hepatitis, meningococcal meningitis, tuberculosis, or HIV results in the EMS employee's injury, as defined by § 1-623.01(5), or in death;

(4) The EMS employee has undergone a pre-employment physical examination and the EMS employee was found, at the time of the examination, to be free of the occupational disease underlying the presumption provided for in this subsection; and

(5) The EMS employee, upon request of the Director, submits to a physical examination conducted by physicians selected by the Director.