FIREFIGHTERS, PEACE OFFICERS, SPECIAL CASES

WHAT IF I WORK FOR A MUNICIPALITY?

California Labor Code grants presumptions of injury to certain types of employees. These presumptions give a litigation advantage to such employees although most presumptions are not absolute, and employers will fight them. Normally, it is an injured worker who carries the burden of proving that their injury was work-related. Special presumptions take the burden away from an injured worker and shift it to the employer who now needs to disprove that an injury was caused by the employment.

What types of employees can claim presumptions:

  • City, county or district firefighters
  • Sheriffs
  • City police officers
  • Correctional officers, inspectors, investigators, detectives, or personnel with district attorney’s office involved in law enforcement
  • County probation officers
  • Certain employees of a probation office
  • Peace officers under 830.31 of the Penal Code employed on a regular, fulltime basis of a county
  • Lifeguards, if full-time by a county
  • Airport police under subsection 830.33 of the Penal Code
  • Harbor and Port police under subsection 830.33 of the Penal Code
  • Los Angeles Unified School District school police

Labor Code sections 3212-3213 explain what type of injuries may be eligible for particular presumptions:

  • Hernia, Heart Trouble and Pneumonia for various public safety workers.
  • Cancer, such as leukemia and others for peace officers and firefighters if they can demonstrate exposure at work to a known carcinogen.
  • Tuberculosis for peace officers, prison guards, correctional officers and firefighters.
  • Blood-borne infectious diseases such as hepatitis, HIV and others for peace officers as defined by Penal Code Section 830 and firefighters.
  • Exposure to biochemical substances for peace officers as defined by Penal Code Section 830 and firefighters. Biochemical is defined as “any biological or chemical agent that may be used as a weapon of mass destruction.”
  • Meningitis for peace officers, probation officers, district attorney investigators and firefighters.
  • Skin cancer for lifeguards.
  • Lyme disease for peace officers and corp members.
  • Lower back, or “duty belt” presumptions for most police officers with five years of employment that required the use of a duty belt.

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