Mass. Gen. Laws » Part I Title IV Chapter 32
Massachusetts General Laws

Mass. Gen. Laws ch. 32, § 94A (2026)

Disability or death caused by disease of lungs or respiratory tract; paid fire department member; presumption

✓ current as of July 2026
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Section 94A. Notwithstanding the provisions of any general or special law to the contrary affecting the non-contributory or contributory retirement system, any condition of impairment of health caused by any disease of the lungs or respiratory tract, resulting in total disability or death to a uniformed member of a paid fire department, including, without limitation, any permanent crash crewman, crash boatman, fire controlman or assistant fire controlman employed at the General Edward Lawrence Logan International Airport, members of the 104th fighter wing fire department, members of the Devens fire department established pursuant to chapter 498 of the acts of 1993 or members of the Massachusetts military reservation fire department, shall, if he successfully passed a physical examination on entry into such service or subsequent to such entry, which examination failed to reveal any evidence of such condition, be presumed to have been suffered in the line of duty, as a result of the inhalation of noxious fumes or poisonous gases, unless the contrary be shown by competent evidence.

Notes of Decisions
Cited in 4 cases, 1967–1998 · leading case: Eliot Disc. Corp. v. Dame, 473 N.E.2d 711 (Mass. App. Ct. 1985).
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Eliot Disc. Corp. v. Dame, 473 N.E.2d 711 (Mass. App. Ct. 1985). “, G. L. c. 32, § 94A (presumption regarding disability or death of fire fighter caused by respiratory disease); G.”
Wakefield Contributory Ret. Bd. v. Contributory Ret. Appeal Bd., 226 N.E.2d 245 (Mass. 1967). “Nor have the facts necessary to raise the presumption provided by G. L. c. 32, § 94A, been shown to exist. Cf.”
O'Callahan v. Contributory Ret. Appeal Bd., 9 Mass. L. Rptr. 483 (Mass. Super. Ct. 1998). · cites it 2× “G.L.c. 32, §94A. The Presumption provides that lung or respiratory disease experienced by fire fighters is presumed to have been caused by events which occurred in the line of duty.”
Howcroft v. Lombardi, 5 Mass. L. Rptr. 542 (Mass. Super. Ct. 1996). “For example, in the context of proceedings to collect accidental retirement allowances and death benefits, heart ailments suffered by police and/or fire personnel are presumed to arise from the line of duty under the “Heart Law,” G.”
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