SPECIFIC PRESUMPTION OF INJURY IN CALIFORNIA

As a reminder and follow-up to my last blog post, due to the risk of injury and risk to their health, certain employees of public or government agencies are provided “presumptions” that their injury is job-related.  The result of such is that if a certain injury or condition develops or manifests itself during the period that the public or government employee is in the services of his/her employer – that condition will be legally assumed (“presumed”) to arise out of and in the course of their employment.

The purpose of this follow-up blog is merely to provide a listing as to many of the more common presumptions that fall into these categories and protect our employees that risk their health and safety for the benefit of the rest of us.  Please note that the listing below is just a very brief listing of some of said presumptions, as a complete discussion of each would require several pages discussing the specifics of each such presumption, as well as the relevant law and cases covering same.

The following is a list of some of the most significant and common presumptions which apply to our public/governmental employees:

(a)        HEART TROUBLE – There is a presumption of compensability for:

• Members of various Fire Departments, including (but not limited to) county forestry or fire departments, members of the Department of Forestry and Fire Protection whose duties include/require firefighting (L.C. 3212);
• Members of the University of California Fire Departments who are regular full-time salaried employees (L.C. 3212.4);

• Members of a police department, sheriff’s or deputy sheriffs, California Highway Patrol, and inspectors and investigators in a district attorneys’ office who are full-time salaried regular employees defined as peace officers (L.C. 3212 & 3213.5);

• Certain peace officers and employees within the Department of Corrections and the Department of Youth Authority who have certain custodial or supervisory duties, including duties over inmates, parolees or wards (L.C. 3212.10);

(b)        CANCER – (L.C. 3212.1)

• Active firefighters (even if voluntary) for the fire department of a city, county, district or other municipal, public or political subdivision, the University of California, or California State University, the Department of Forestry and Fire Protection;

• Firefighting members of a fire department serving a S. Department of Defense installation;

• Firefighting members of a fire department serving a NASA installation;

• Certain Peace Officers engaged primarily in active law enforcement activities;

• Certain fire and rescue coordinates who work for the Office of Emergency Services.

( c)       HERNIA

• Certain members of Police or Fire Departments, Sheriff’s Office, California Highway Patrol, district attorney’s inspectors and investigators (L.C. 3212);

• Certain members of the University of California fire department who are employed as regular, full-time salaried employees (L.C. 3212.4);

• Certain employees of the Department of Justice falling within a certain safety class (L.C. 3212.7).

NOTE:  ADDITIONAL PRESUMPTIONS TO BE DISCUSSED IN FURTHER BLOGS