sec.36DPresumption of injury

### sec.36D Presumption of injury This section applies to a person who— is diagnosed by a doctor for the first time as having a specified disease; and at any time before the diagnosis, was employed as a firefighter for at least the number of years mentioned in schedule 4A , column 2 opposite the specified disease. For the purposes of an entitlement to compensation, the specified disease is taken to be an injury. However, this section does not apply if it is proved that— the specified disease did not arise out of, or in the course of, the person’s employment as a firefighter; or the person’s employment as a firefighter is not a significant contributing factor to the specified disease. s 36D ins 2015 No. 13 s 18 (retro) (sec.36D-ssec.1) This section applies to a person who— is diagnosed by a doctor for the first time as having a specified disease; and at any time before the diagnosis, was employed as a firefighter for at least the number of years mentioned in schedule 4A , column 2 opposite the specified disease. (sec.36D-ssec.2) For the purposes of an entitlement to compensation, the specified disease is taken to be an injury. (sec.36D-ssec.3) However, this section does not apply if it is proved that— the specified disease did not arise out of, or in the course of, the person’s employment as a firefighter; or the person’s employment as a firefighter is not a significant contributing factor to the specified disease. - (a) is diagnosed by a doctor for the first time as having a specified disease; and - (b) at any time before the diagnosis, was employed as a firefighter for at least the number of years mentioned in schedule 4A , column 2 opposite the specified disease. - (a) the specified disease did not arise out of, or in the course of, the person’s employment as a firefighter; or - (b) the person’s employment as a firefighter is not a significant contributing factor to the specified disease.