Tex.
Gov't Code Section 607.058
Presumption Rebuttable
(a)
A presumption under Section 607.053 (Immunization; Smallpox), 607.054 (Tuberculosis or Other Respiratory Illness), 607.0545, 607.055 (Cancer), or 607.056 (Acute Myocardial Infarction or Stroke) may be rebutted through a showing by a preponderance of the evidence that a risk factor, accident, hazard, or other cause not associated with the individual’s service as a detention officer, custodial officer, firefighter, peace officer, or emergency medical technician was a substantial factor in bringing about the individual’s disease or illness, without which the disease or illness would not have occurred.(b)
A rebuttal offered under this section must include a statement by the person offering the rebuttal that describes, in detail, the evidence that the person reviewed before making the determination that a cause not associated with the individual’s service as a detention officer, custodial officer, firefighter, peace officer, or emergency medical technician was a substantial factor in bringing about the individual’s disease or illness, without which the disease or illness would not have occurred.(c)
In addressing an argument based on a rebuttal offered under this section, an administrative law judge shall make findings of fact and conclusions of law that consider whether a qualified expert, relying on evidence-based medicine, stated the opinion that, based on reasonable medical probability, an identified risk factor, accident, hazard, or other cause not associated with the individual’s service as a detention officer, custodial officer, firefighter, peace officer, or emergency medical technician was a substantial factor in bringing about the individual’s disease or illness, without which the disease or illness would not have occurred.
Source:
Section 607.058 — Presumption Rebuttable, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.607.htm#607.058 (accessed Apr. 20, 2024).
