Missouri Revised Statutes

Mo. Rev. Stat. § 87.005 (2026)

Firefighters, certain diseases presumed incurred in line of duty

✓ current as of May 2026
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  87.005.  Firefighters, certain diseases presumed incurred in line of duty — conditions — infectious disease defined. — 1.  Notwithstanding the provisions of any law to the contrary, after five years' service, any condition of impairment of health caused by any infectious disease, disease of the lungs or respiratory tract, hypertension, or disease of the heart resulting in total or partial disability or death to a uniformed member of a paid fire department, who successfully passed a physical examination within five years prior to the time a claim is made for such disability or death, which examination failed to reveal any evidence of such condition, shall be presumed to have been suffered in line of duty, unless the contrary be shown by competent evidence.  In order to receive the presumption that an infectious disease was contracted in the line of duty, the member shall submit to an annual physical examination, at which a blood test is administered.

  2.  This section shall apply only to the provisions of chapter 87, RSMo 1959.

  3.  As used in this section, the term "infectious disease" means the human immunodeficiency virus, acquired immunodeficiency syndrome, tuberculosis, hepatitis A, hepatitis B, hepatitis C, hepatitis D, diphtheria, meningococcal meningitis, methicillin-resistant staphylococcus aureus, hemorrhagic fever, plague, rabies, and severe acute respiratory syndrome.

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(L. 1967 p. 167 § 1, A.L. 2011 H.B. 664 merged with S.B. 238)

Notes of Decisions
Cited in 2 cases, 1970–1991 · leading case: McCarthy v. Bd. of Trs. of the Firemen's Ret. Sys., 462 S.W.2d 827 (Mo. Ct. App. 1970).
McCarthy v. Bd. of Trs. of the Firemen's Ret. Sys., 462 S.W.2d 827 (Mo. Ct. App. 1970). · cites it 11× “First, he contends his heart disease was aggravated by his work as a fireman; second, he relies on a statutory presumption of causation, § 87.005. These in turn. On his claim of aggravation Mr.”
Firefighters Local No. 77 v. City of St. Joseph, 822 S.W.2d 866 (Mo. Ct. App. 1991). “8760) passed by the City in January of 1988 certifying to LAGERS that the Local Pension Plan was governed by §§ 87.005 — 87.105, and certifications to that effect signed by the president of the Fire Pension Board, the Mayor, the City Manager, the City Clerk, and an Assistant…”
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