{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-49-110","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-49-110","heading":"Certificates of disability - Presumptions – Medical","body":"evidence and records.\n\nA. No firefighter shall be retired, as provided in Section 49-\n\n109 of this title, or receive any pension from the System, unless\n\nthere shall be filed with the State Board certificates of the\n\nfirefighter's disability. Any member of the fire department of any\n\nmunicipality who is disabled as a result of heart disease, injury to\n\nthe respiratory system, infectious disease, or the existence of any\n\ncancer which heart disease, injury to the respiratory system,\n\ninfectious disease, or cancer was not revealed by the physical\n\nexamination passed by the member upon entry into the department,\n\nshall be presumed to have incurred the heart disease, injury to the\n\nrespiratory system, infectious disease, or cancer while performing\n\nthe firefighter's duties as a member of such department unless the\n\ncontrary is shown by competent evidence. As used in this section,\n\n“infectious disease” means hepatitis, human immunodeficiency virus,\n\nmeningitis and tuberculosis. Effective November 10, 1999, the\n\nprovisions of this subsection relating to infectious disease shall\n\napply.\n\nB. Medical treatment based on the presumptions prescribed by\n\nsubsection A of this section shall be provided by the municipality\n\nas a job-related illness until a court of competent jurisdiction\n\ndetermines that the presumption does not apply. If it is\n\nsubsequently determined that the illness is not job-related, the\n\nworkers' compensation provider shall be reimbursed for expenditures\n\nmade for health care services by the medical plan or benefit\n\nprovided by the municipality for the employee.\n\nC. If any such member fails to submit evidence of a physical\n\nexamination prior to entry into the fire department, there shall be\n\nno presumption the heart disease, injury to the respiratory system,\n\ninfectious disease, or cancer was incurred while performing the\n\nfirefighter's official duties and it shall be the duty of the State\n\nBoard to determine if the heart disease, injury to the respiratory\n\nsystem, infectious disease, or cancer was incurred while performing\n\nthe member's official duties.\n\nD. Whenever a participating municipality on behalf of a member\n\nor a member applies for a disability benefit, the application shall\n\nbe accompanied by proof of injury unless otherwise provided and\n\nmedical evidence supporting the existence of a disability, certified\n\nby the member's or municipality's physician, that the member is\n\nunable to perform the duties of a firefighter. Should the\n\napplication be made by a municipality, the member may submit medical\n\nevidence or reports from the member's physician to the local board.\n\nIf both the municipality's physician and the member's physician\n\ncertify to the disability, the local board shall act upon the\n\napplication.\n\nE. In regards to applications made by either an individual\n\nmember or a municipality, should the physicians disagree, or if\n\nthere is only one physician statement, the local board shall be\n\nrequired to have all the medical records concerning the applicant's\n\ndisability reviewed by a physician selected by the local board and,\n\nif required by the reviewing physician, the local board shall have\n\nthe member examined. The local board shall act upon all the\n\nphysician's statements. Local board physician examinations and\n\ncertifications shall be paid by the State Board and shall be limited\n\nto only those conditions upon which the member or the municipality\n\non behalf of the member is requesting a disability.\n\nF. If the State Board deems appropriate, an independent\n\nphysician may be selected by the State Board to review medical\n\nrecords and examine the member. The physicians selected by the\n\nState Board shall submit a report and recommendation to the State\n\nBoard. The local board may request assistance from the State Board\n\nin selecting a physician. Final determination on all disability\ng a disability.\n\nF. If the State Board deems appropriate, an independent\n\nphysician may be selected by the State Board to review medical\n\nrecords and examine the member. The physicians selected by the\n\nState Board shall submit a report and recommendation to the State\n\nBoard. The local board may request assistance from the State Board\n\nin selecting a physician. Final determination on all disability\n\napplications shall rest solely with the State Board.","path":["OK Code","Title 11"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os11.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"5739ef71b99924433d1892c4f8e4c9be01d8c4bc28d9e9774f07d2de13cbffa9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-49-109","next":"us-ok/okla.-stat.-tit.-11-11-49-111"},"notice":"GroundRules: Original legal text. Not legal advice."}