Okla. Stat. tit. 11, § 11-49-110

evidence and records.

A. No firefighter shall be retired, as provided in Section 49-

109 of this title, or receive any pension from the System, unless

Oklahoma Statutes - Title 11. Cities and Towns Page 564

there shall be filed with the State Board certificates of the

firefighter's disability. Any member of the fire department of any

municipality who is disabled as a result of heart disease, injury to

the respiratory system, infectious disease, or the existence of any

cancer which heart disease, injury to the respiratory system,

infectious disease, or cancer was not revealed by the physical

examination passed by the member upon entry into the department,

shall be presumed to have incurred the heart disease, injury to the

respiratory system, infectious disease, or cancer while performing

the firefighter's duties as a member of such department unless the

contrary is shown by competent evidence. As used in this section,

“infectious disease” means hepatitis, human immunodeficiency virus,

meningitis and tuberculosis. Effective November 10, 1999, the

provisions of this subsection relating to infectious disease shall

apply.

B. Medical treatment based on the presumptions prescribed by

subsection A of this section shall be provided by the municipality

as a job-related illness until a court of competent jurisdiction

determines that the presumption does not apply. If it is

subsequently determined that the illness is not job-related, the

workers' compensation provider shall be reimbursed for expenditures

made for health care services by the medical plan or benefit

provided by the municipality for the employee.

C. If any such member fails to submit evidence of a physical

examination prior to entry into the fire department, there shall be

no presumption the heart disease, injury to the respiratory system,

infectious disease, or cancer was incurred while performing the

firefighter's official duties and it shall be the duty of the State

Board to determine if the heart disease, injury to the respiratory

system, infectious disease, or cancer was incurred while performing

the member's official duties.

D. Whenever a participating municipality on behalf of a member

or a member applies for a disability benefit, the application shall

be accompanied by proof of injury unless otherwise provided and

medical evidence supporting the existence of a disability, certified

by the member's or municipality's physician, that the member is

unable to perform the duties of a firefighter. Should the

application be made by a municipality, the member may submit medical

evidence or reports from the member's physician to the local board.

If both the municipality's physician and the member's physician

certify to the disability, the local board shall act upon the

application.

E. In regards to applications made by either an individual

member or a municipality, should the physicians disagree, or if

there is only one physician statement, the local board shall be

required to have all the medical records concerning the applicant's

disability reviewed by a physician selected by the local board and,

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if required by the reviewing physician, the local board shall have

the member examined. The local board shall act upon all the

physician's statements. Local board physician examinations and

certifications shall be paid by the State Board and shall be limited

to only those conditions upon which the member or the municipality

on behalf of the member is requesting a disability.

F. If the State Board deems appropriate, an independent

physician may be selected by the State Board to review medical

records and examine the member. The physicians selected by the

State Board shall submit a report and recommendation to the State

Board. The local board may request assistance from the State Board

in selecting a physician. Final determination on all disability
g a disability.

F. If the State Board deems appropriate, an independent

physician may be selected by the State Board to review medical

records and examine the member. The physicians selected by the

State Board shall submit a report and recommendation to the State

Board. The local board may request assistance from the State Board

in selecting a physician. Final determination on all disability

applications shall rest solely with the State Board.