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Coverage: Heart Disease, Cancer, Infectious Disease |
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| Code Part: Labor code 98.6 (Tobacco products), Labor Code 3200-3219 (Workman's Compensation), Labor Code 5405 (time limits), Labor Code Section 9000-9009 (Occupational Carcinogens control Act of 1976), 4850-4856 (Public Employees' Retirement System), 79-107 (Division of Labor Standards Enforcement) , Government Code Section 31720-31755.3 (Disability Retirement) , Appeal Zipton vs. WC Appeal Bd., Appeal McAllister v. WC Appeal bd., Appeal Riverview Fire Protection Dist v. WC Appeals Bd |
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Description:
Labour Code 3212.1 (a) This section applies to active firefighting members, whether volunteers, partly paid, or fully paid, of all of the
following fire departments: (1) a fire department of a city, county,
city and county, district, or other public or municipal corporation
or political subdivision, (2) a fire department of the University of
California and the California State University, (3) the Department of
Forestry and Fire Protection, and (4) a county forestry or
firefighting department or unit.
(b) The term "injury," as used in this division, includes cancer,
including leukemia, that develops or manifests itself during a period
in which any member described in subdivision (a) is in the service
of the department or unit, if the member demonstrates that he or she
was exposed, while in the service of the department or unit, to a
known carcinogen as defined by the International Agency for Research
on Cancer, or as defined by the director.
(c) The compensation that is awarded for cancer shall include full
hospital, surgical, medical treatment, disability indemnity, and
death benefits, as provided by this division.
(d) The cancer so developing or manifesting itself in these cases
shall be presumed to arise out of and in the course of the
employment. This presumption is disputable and may be controverted
by evidence that the primary site of the cancer has been established
and that the carcinogen to which the member has demonstrated exposure
is not reasonably linked to the disabling cancer. Unless so
controverted, the appeals board is bound to find in accordance with
the presumption. This presumption shall be extended to a member
following termination of service for a period of three calendar
months for each full year of the requisite service, but not to exceed
60 months in any circumstance, commencing with the last date
actually worked in the specified capacity.
Government Code 31720.5. If a safety member, a fireman member, or a member in active law enforcement who has completed five years or more of service under a pension system established pursuant to Chapter 4 (commencing with Section 31900) or under a pension system established pursuant to Chapter 5 (commencing with Section 32200) or both or under this retirement system or under the State Employees' Retirement System or under a retirement system established under this chapter in another county, and develops heart trouble, such heart trouble so developing or manifesting itself in such cases shall be presumed to arise out of and in the course of employment. Such heart trouble so developing or manifesting itself in such cases shall in no case be attributed to any disease existing prior to such development or manifestation. As used in this section, "fireman member" includes a member engaged in active fire suppression who is not classified as a safety member. As used in this section, "member in active law enforcement" includes a member engaged in active law enforcement who is not classified as a safety member.
31720.6. (a) If a safety member, a firefighter, or a member in active law enforcement who has completed five years or more of service under a pension system established pursuant to Chapter 4 (commencing with Section 31900) or under a pension system established pursuant to Chapter 5 (commencing with Section 32200) or both or under this retirement system or under the Public Employees' Retirement System or under a retirement system established under this chapter in another county, and develops cancer, the cancer so developing or manifesting itself in those cases shall be presumed to arise out of and in the course of employment. The cancer so developing or manifesting itself in those cases shall in no case be attributed to any disease existing prior to that development or manifestation. (b) Notwithstanding the existence of nonindustrial predisposing or contributing factors, any safety member, firefighter member, or member active in law enforcement described in subdivision (a) permanently incapacitated for the performance of duty as a result of cancer shall receive a service-connected disability retirement if the member demonstrates that he or she was exposed to a known carcinogen as a result of performance of job duties."Known carcinogen" for purposes of this section means those carcinogenic agents recognized by the International Agency for Research on Cancer, or the Director of the Department of Industrial Relations. (c) The presumption is disputable and may be controverted by evidence, that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer, provided that the primary site of the cancer has been established. Unless so controverted, the board is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (d) "Firefighter," for purposes of this section, includes a member engaged in active fire suppression who is not classified as a safety member. (e) "Member in active law enforcement," for purposes of this section, includes a member engaged in active law enforcement who is not classified as a safety member.
31720.7. (a) If a safety member, a firefighter, a county probation officer, or a member in active law enforcement who has completed five years or more of service under a pension system established pursuant to Chapter 4 (commencing with Section 31900) or under a pension system established pursuant to Chapter 5 (commencing with Section 32200), or both, or under this retirement system, under the Public Employees' Retirement System, or under a retirement system established under this chapter in another county, develops a blood-borne infectious disease, the disease so developing or manifesting itself in those cases shall be presumed to arise out of, and in the course of, employment if the member demonstrates that he or she was exposed to blood or blood products as a result of performance of job duties. The disease so developing or manifesting itself in those cases shall in no case be attributed to any disease existing prior to that development or manifestation.(b) Any safety member, firefighter, county probation officer, or member active in law enforcement described in subdivision (a) permanently incapacitated for the performance of duty as a result of a blood-borne infectious disease shall receive a service-connected disability retirement.(c) The presumption described in subdivision (a) is rebuttable by other evidence. Unless so rebutted, the board is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the lastdate actually worked in the specified capacity. (d) "Blood-borne infectious disease," for purposes of this section, means a disease caused by exposure to pathogenic microorganisms that are present in human blood that can cause disease in humans, including, but not limited to, those pathogenic microorganisms defined as "blood-borne pathogens" by the Department of Industrial Relations. (e) "Member in active law enforcement," for purposes of this section, means members employed by a sheriff's office, by a police or fire department of a city, county, city and county, district, or by another public or municipal corporation or political subdivision or who are described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code or who are employed by any county forestry or firefighting department or unit, excepting any of those members whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement services or active firefighting services, such as stenographers, telephone
operators, and other office workers, and includes a member engaged in active law enforcement who is not classified as a safety member.
Labor Code 98.6 (a) No person shall discharge an employee or in any manner
discriminate against any employee or applicant for employment because
the employee or applicant engaged in any conduct delineated in this
chapter.
(2) This subdivision shall not be construed to invalidate any
collective bargaining agreement that requires an applicant for a
position that is subject to the collective bargaining agreement to
sign a contract that protects either or both of the following:
(B) A firefighter against any disease that is presumed to arise in the course and scope of employment, by limiting his or her consumption of tobacco products on and off the job.
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