This bill amends Section 52-3-32.1 of the New Mexico Statutes to expand the list of occupational diseases presumed to be caused by employment as a firefighter. It introduces a new list of cancers that are presumed to be proximately caused by firefighting after five years of employment, including bladder, breast (under specific conditions), brain, cervical, colon, colorectal, esophageal, kidney, leukemia, lung, malignant melanoma, mesothelioma, multiple myeloma, non-Hodgkin's lymphoma, ovarian, prostate, skin, stomach, testicular (under specific conditions), thyroid, and ureter cancers. Additionally, it includes other conditions such as hepatitis, tuberculosis, diphtheria, meningococcal disease, and methicillin-resistant staphylococcus aureus, as well as posttraumatic stress disorder diagnosed by a physician or psychologist.

The bill also specifies that if a firefighter suffers a heart injury or stroke within 24 hours of firefighting activities, it is presumed to be caused by their employment, provided certain conditions regarding physical training programs and medical screenings are met. The presumptions can be rebutted by evidence showing that the firefighter engaged in activities outside of work that posed a significant risk for the conditions. Furthermore, it ensures that medical treatment for these conditions is covered by the employer until a court determines otherwise.

Statutes affected:
introduced version: 52-3-32.1