§ 45-21.2-9 Retirement for accidentaldisability. – (a) Any member in active service, regardless of length of service, is entitledto an accidental disability retirement allowance. Application for the allowanceis made by the member or on the member's behalf, stating that the member isphysically or mentally incapacitated for further service as the result of aninjury sustained while in the performance of duty and certifying to the time,place, and conditions of the duty performed by the member which resulted in thealleged disability and that the alleged disability was not the result of thewillful negligence or misconduct on the part of the member, and was not theresult of age or length of service, and that the member has not attained theage of sixty-five (65). The application shall be made within eighteen (18)months of the alleged accident from which the injury has resulted in themember's present disability and shall be accompanied by an accident report anda physician's report certifying to the disability. If the member was able toreturn to his or her employment and subsequently reinjures or aggravates thesame injury, the member shall make another application within eighteen (18)months of the reinjury or aggravation which shall be accompanied by aphysician's report certifying to the reinjury or aggravation causing thedisability. If a medical examination made by three (3) physicians engaged bythe retirement board, and other investigations as the board may make, confirmsthe statements made by the member, the board may grant the member an accidentaldisability retirement allowance.
(b) For the purposes of subsection (a), "aggravation" shallmean an intervening work- related trauma that independently contributes to amember's original injury that amounts to more than the natural progression ofthe preexisting disease or condition and is not the result of age or length ofservice. The intervening independent trauma causing the aggravation must be anidentifiable event or series of work-related events that are the proximatecause of the member's present condition of disability.
(c) "Occupational cancer", as used in this section, means acancer arising out of employment as a fire fighter, due to injury due toexposures to smoke, fumes, or carcinogenic, poisonous, toxic, or chemicalsubstances while in the performance of active duty in the fire department.
(d) For purposes of subsection (a), "reinjury" shall mean arecurrence of the original work-related injury from a specific ascertainableevent. The specific event must be the proximate cause of the member's presentcondition of disability.
(e) Any fire fighter, including one employed by the state, ora municipal firefighter employed by a municipality that participates in theoptional retirement for police officers and fire fighters as provided in thischapter, who is unable to perform his or her duties in the fire department byreason of a disabling occupational cancer which develops or manifests itselfduring a period while the fire fighter is in the service of the department, andany retired member of the fire force of any city or town who developsoccupational cancer, is entitled to receive an occupational cancer disabilityand he or she is entitled to all of the benefits provided for in this chapter,chapters 19, 19.1, and 21 of this title and chapter 10 of title 36 if the firefighter is employed by the state.
§ 45-21.2-9 Retirement for accidentaldisability. – (a) Any member in active service, regardless of length of service, is entitledto an accidental disability retirement allowance. Application for the allowanceis made by the member or on the member's behalf, stating that the member isphysically or mentally incapacitated for further service as the result of aninjury sustained while in the performance of duty and certifying to the time,place, and conditions of the duty performed by the member which resulted in thealleged disability and that the alleged disability was not the result of thewillful negligence or misconduct on the part of the member, and was not theresult of age or length of service, and that the member has not attained theage of sixty-five (65). The application shall be made within eighteen (18)months of the alleged accident from which the injury has resulted in themember's present disability and shall be accompanied by an accident report anda physician's report certifying to the disability. If the member was able toreturn to his or her employment and subsequently reinjures or aggravates thesame injury, the member shall make another application within eighteen (18)months of the reinjury or aggravation which shall be accompanied by aphysician's report certifying to the reinjury or aggravation causing thedisability. If a medical examination made by three (3) physicians engaged bythe retirement board, and other investigations as the board may make, confirmsthe statements made by the member, the board may grant the member an accidentaldisability retirement allowance.
(b) For the purposes of subsection (a), "aggravation" shallmean an intervening work- related trauma that independently contributes to amember's original injury that amounts to more than the natural progression ofthe preexisting disease or condition and is not the result of age or length ofservice. The intervening independent trauma causing the aggravation must be anidentifiable event or series of work-related events that are the proximatecause of the member's present condition of disability.
(c) "Occupational cancer", as used in this section, means acancer arising out of employment as a fire fighter, due to injury due toexposures to smoke, fumes, or carcinogenic, poisonous, toxic, or chemicalsubstances while in the performance of active duty in the fire department.
(d) For purposes of subsection (a), "reinjury" shall mean arecurrence of the original work-related injury from a specific ascertainableevent. The specific event must be the proximate cause of the member's presentcondition of disability.
(e) Any fire fighter, including one employed by the state, ora municipal firefighter employed by a municipality that participates in theoptional retirement for police officers and fire fighters as provided in thischapter, who is unable to perform his or her duties in the fire department byreason of a disabling occupational cancer which develops or manifests itselfduring a period while the fire fighter is in the service of the department, andany retired member of the fire force of any city or town who developsoccupational cancer, is entitled to receive an occupational cancer disabilityand he or she is entitled to all of the benefits provided for in this chapter,chapters 19, 19.1, and 21 of this title and chapter 10 of title 36 if the firefighter is employed by the state.
§ 45-21.2-9 Retirement for accidentaldisability. – (a) Any member in active service, regardless of length of service, is entitledto an accidental disability retirement allowance. Application for the allowanceis made by the member or on the member's behalf, stating that the member isphysically or mentally incapacitated for further service as the result of aninjury sustained while in the performance of duty and certifying to the time,place, and conditions of the duty performed by the member which resulted in thealleged disability and that the alleged disability was not the result of thewillful negligence or misconduct on the part of the member, and was not theresult of age or length of service, and that the member has not attained theage of sixty-five (65). The application shall be made within eighteen (18)months of the alleged accident from which the injury has resulted in themember's present disability and shall be accompanied by an accident report anda physician's report certifying to the disability. If the member was able toreturn to his or her employment and subsequently reinjures or aggravates thesame injury, the member shall make another application within eighteen (18)months of the reinjury or aggravation which shall be accompanied by aphysician's report certifying to the reinjury or aggravation causing thedisability. If a medical examination made by three (3) physicians engaged bythe retirement board, and other investigations as the board may make, confirmsthe statements made by the member, the board may grant the member an accidentaldisability retirement allowance.
(b) For the purposes of subsection (a), "aggravation" shallmean an intervening work- related trauma that independently contributes to amember's original injury that amounts to more than the natural progression ofthe preexisting disease or condition and is not the result of age or length ofservice. The intervening independent trauma causing the aggravation must be anidentifiable event or series of work-related events that are the proximatecause of the member's present condition of disability.
(c) "Occupational cancer", as used in this section, means acancer arising out of employment as a fire fighter, due to injury due toexposures to smoke, fumes, or carcinogenic, poisonous, toxic, or chemicalsubstances while in the performance of active duty in the fire department.
(d) For purposes of subsection (a), "reinjury" shall mean arecurrence of the original work-related injury from a specific ascertainableevent. The specific event must be the proximate cause of the member's presentcondition of disability.
(e) Any fire fighter, including one employed by the state, ora municipal firefighter employed by a municipality that participates in theoptional retirement for police officers and fire fighters as provided in thischapter, who is unable to perform his or her duties in the fire department byreason of a disabling occupational cancer which develops or manifests itselfduring a period while the fire fighter is in the service of the department, andany retired member of the fire force of any city or town who developsoccupational cancer, is entitled to receive an occupational cancer disabilityand he or she is entitled to all of the benefits provided for in this chapter,chapters 19, 19.1, and 21 of this title and chapter 10 of title 36 if the firefighter is employed by the state.
