Wisconsin Statutes

Wis. Stat. § 891.45 (2026)

Presumption of employment-connected disease; heart or respiratory impairment or disease

✓ current as of July 2026

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891.45891.45 Presumption of employment-connected disease; heart or respiratory impairment or disease.

891.45(1)(1) In this section:

891.45(1)(a)(a) “County fire fighter” means any person employed by a county whose duties primarily include active fire suppression or prevention.

891.45(1)(b)(b) “Municipal fire fighter” includes any person designated as primarily a fire fighter under s. 60.553 (2), 61.66 (2), or 62.13 (2e) (b) and any person under s. 60.553, 61.66, or 62.13 (2e) whose duties as a fire fighter during the 5-year qualifying period took up at least two-thirds of his or her working hours.

891.45(1)(c)(c) “State fire fighter” means any person employed by the state whose duties primarily include active fire suppression or prevention and who is a protective occupation participant, as defined in s. 40.02 (48).

891.45(2)(2) Except as provided in s. 891.453, in any proceeding involving the application by a state, county, or municipal fire fighter or his or her beneficiary for disability or death benefits under s. 40.65 (2) or any pension or retirement system applicable to fire fighters, where at the time of death or filing of application for disability benefits the deceased or disabled fire fighter had served a total of 5 years as a state, county, or municipal fire fighter and a qualifying medical examination given prior to the time of his or her becoming a state, county, or municipal fire fighter showed no evidence of heart or respiratory impairment or disease, and where the disability or death is found to be caused by heart or respiratory impairment or disease, such finding shall be presumptive evidence that such impairment or disease was caused by such employment.

891.45 HistoryHistory: 1977 c. 83; 1981 c. 278 s. 6; 1983 a. 191 s. 6; 1987 a. 399; 1987 a. 403 s. 256; 1997 a. 173; 2001 a. 16; 2009 a. 284; 2011 a. 32.

Notes of Decisions

Cited in 9 cases, 1970–1989 · leading case: City of Superior v. Dep't of Indus., Labor & Human Relations, 267 N.W.2d 637 (Wis. 1978).

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City of Superior v. Dep't of Indus., Labor & Human Relations, 267 N.W.2d 637 (Wis. 1978). · cites it 5× “In any proceeding involving the application by a municipal fire fighter or his or her beneficiary for disability or death benefits under s.”

Sperbeck v. Dep't of Indus., Labor & Human Relations, 174 N.W.2d 546 (Wis. 1970). · cites it 5× “” It is conceded that Sperbeck met the three requirements of sec. 891.45, Stats., to bring the presumption into being.”

City of Appleton v. Dep't of Indus., Labor & Human Relations, 226 N.W.2d 497 (Wis. 1975). · cites it 4× “In rejecting the recommendations of the examiner, the ILHR found that the deceased died of lung cancer and that the applicant was entitled to the presumption provided by sec. 891.45, Stats., [2] to the effect that the lung *167 cancer was caused by the deceased's employment.”

Ducharme v. City of Putnam, 285 A.2d 318 (Conn. 1971). “Stat. §§ 112.18 , 185.34 (1967), as to firemen and policemen; La.”

Cunningham v. City of Manchester Fire Dep't, 525 A.2d 714 (N.H. 1987). “The language of these provisions in other States differs in form from RSA 281:2, V-a, but not in substance.”

Local Union No. 487 v. City of Eau Claire, 415 N.W.2d 543 (Wis. Ct. App. 1987). “See sec. 891.45, Stats. The city contends that the PSO position is authorized by the "temporarily assigned” language in sec.”

Local Union No. 487 v. City of Eau Claire, 433 N.W.2d 578 (Wis. 1989). “Under sec. 891.45, Stats., if a firefighter has served five years or more and obtained a medical exam prior to joining the force which shows no heart or respiratory impairment, and death or disability is caused by heart or respiratory impairment or disease, impairment or disease…”

Rugg v. Labor & Indus. Review Comm'n, 400 N.W.2d 499 (Wis. Ct. App. 1986). “Pursuant to sec. 891.45, Stats., a presumption exists that Rugg’s heart condition was caused by his employment as a firefighter.”

City of Manitowoc v. Iowa Nat'l Mut. Ins., 229 N.W.2d 577 (Wis. 1975). “3 Under sec. 891.45, Stats., death of a municipal fireman is presumed to be employment connected for the purposes of sec.”

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