FURTHER IMPORTANT PRESUMPTION COMPENSABILITY
As a follow-up to our previous Specific Presumption of Injury blog, here are additional circumstances that result in a presumption of industrial injury for the conditions set out herein below:
- Certain members of fire departments, including the Department of Forestry and Fire Protection, whose duties require firefighting (L.C. 3212);
- Officers of the Highway Patrol who are designated as peace officers and who have graduated from a certified academy (L.C. 3212.3);
- Certain members of the University of California Fire Department employed with a regular, full-time salary (L.C. 3212.4);
- Certain members of a police department, California Highway Patrol, sheriffs and deputy sheriffs, inspectors and investigators of a district attorney’s office who are defined as peace officers and are regular and full-time (L.C. 3212.5);
- Certain regular and full-time employees in the Department of Justice (L.C. 3212.7);
- Certain peace officers in the Department of Corrections and the Department of the Youth Authority that have custodial and supervisory duties over inmates/parolees/wards (L.C. 3212.10);
- Certain members of the University of California Police Department who are academy graduated and defined as a peace officer (L.C. 3213);
Persons who meet these criteria, (including the more specific and defined criteria under these sections of the Labor Code) are provided with a presumption of compensability for pneumonia that manifests or develops in these employees.
In most of these subsections of Labor Code 3213, the presumption of compensability cannot be rebutted by evidence of pre-existing conditions.
(b) SKIN CANCER
- There is a presumption of compensability for certain life guards employees by a city and/or county, district or municipal corporation – employed more than 3 consecutive months (in a calendar year) (L.C. 3212.11);
- This cannot be rebutted by the presumption of evidence of any pre-existing disease.
- A presumption regarding meningitis applies to certain members of a police department, sheriff’s office, CHP, county probation officers, inspectors or investigators of a district attorney’s office, members of fire department, county forestry or firefighting unit. It does not apply to employees in such positions whose principal duties are clerical and do not fall within the scope of active law enforcement (L.C. 312.9);
- Certain members of the Department of Corrections and the Department of Youth Authority who have custodial and supervisory duties (L.C. 3212.10).
ADDITIONAL PRESUMPTIONS WILL BE COVERED IN A FUTURE BLOG.