In case death occurs more than two years after the date of receiving any injury, such death shall be prima facie presumed not to be due to such injury; such presumption shall not apply in cases of silicosis, asbestosis, anthracosis, or disability or death resulting from exposure to radioactive materials, substances, or machines or to fissionable materials, or any type of malignancy caused thereby, or from poisoning by uranium or its compounds. In all other cases, such presumption may be rebutted by competent evidence.
Source: L. 90: Entire article R&RE, p. 479, � 1, effective July 1.
Editor's note: This section is similar to former � 8-50-110 as it existed prior to 1990.
8-41-208. Coverage for job-related exposure to or contraction of hepatitis C. (1) The exposure to or contraction of hepatitis C by a firefighter, emergency services provider, or peace officer, as described in section 16-2.5-101, C.R.S., shall be presumed to be within the course and scope of employment if the following conditions are satisfied:
(a) A baseline test shall be provided by the employer, or if insured, by the insurer, to be performed within five days after the employee reports the on-the-job exposure. The employee must report the exposure within two days after the employee knew or reasonably should have known of the exposure;
(b) The baseline test establishes that the employee was not infected with hepatitis C at the time of the on-the-job exposure;
(c) The employee complies with reasonable and necessary medical procedures set forth in section 8-42-101 (1)(c);
(d) The employee is determined to have hepatitis C within twenty-four months after the on-the-job exposure to the known or possible source.
(2) The exposure to or contraction of hepatitis C by a firefighter, emergency services provider, or peace officer, as described in section 16-2.5-101, C.R.S., shall not be deemed to be within the course and scope of employment if an employer or insurer shows by a preponderance of the evidence that such exposure or contraction did not occur on the job.
Source: L. 2002: Entire section added, p. 440, � 1, effective May 16. L. 2003: IP(1) and (2) amended, p. 1613, � 3, effective August 6.