PERAC Memo #43 - 2002: Heart, Lung, and Cancer Presumption Guidelines and Certificates

Heart, Lung, and Cancer Presumption Guidelines and Certificates

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Summary

This memo announces PERAC's revised Presumption Guidelines and Certificates for Heart, Lung, and Cancer Law disability cases, effective November 1, 2002, developed with PERAC's medical consultant to help physicians better understand the rebuttable presumption standard and their evaluation responsibilities. Boards should begin using the updated materials for all relevant disability applications from that date forward and may direct any comments to PERAC.

Full Text

Memorandum # 43/2002

M E M O R A N D U M

TO: Retirement Boards FROM: Joseph E. Connarton, Executive Director RE: Heart, Lung, and Cancer Presumption Guidelines and Certificates
DATE: October 25, 2002

The Public Employee Retirement Administration Commission is pleased to present newly revised Presumption Guidelines and Certificates. PERAC will begin to use these materials effective November 1, 2002.

These revisions were made in collaboration with PERAC’s medical consultant and the Public Pension Advisory Group. The goal of the revisions is to provide guidance to the physician so the physician better understands his/her responsibilities when evaluating a member who has applied for a disability retirement under the Heart, Lung, or Cancer Law.

When answering the certificate questions, the physician is asked to consider the fact that the law establishes a rebuttable presumption that any impairment of health is service connected unless the contrary is shown by competent medical evidence. Before responding to the questions on the Certificate, the physician is asked to read the Presumption Guideline and the Certificates. Having considered the Certificate statements, the physician is asked to respond to the Certificate questions and elaborate on the responses in his/her narrative report.

As always we welcome your comments. We anticipate that these revisions will offer a better understanding of the law to physicians asked to evaluate and report on presumption cases.