BILL NUMBER: SB 1271	CHAPTERED  09/30/08

	CHAPTER  747
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2008
	PASSED THE SENATE  AUGUST 21, 2008
	PASSED THE ASSEMBLY  AUGUST 13, 2008
	AMENDED IN ASSEMBLY  JUNE 17, 2008
	AMENDED IN SENATE  APRIL 14, 2008

INTRODUCED BY   Senator Cedillo

                        FEBRUARY 19, 2008

   An act to amend Section 3212.1 of the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1271, Cedillo. Workers' compensation: cancer presumption:
firefighters and fire and rescue services coordinators.
   Existing law establishes a workers' compensation system to
compensate an employee for injuries sustained in the course of his or
her employment, and requires an employer to provide, or pay for all
reasonable costs of, medical services necessary to care for or
relieve work-related injuries. Existing law further provides that in
the case of active firefighting members of certain state and local
fire departments and in the case of certain peace officers, a
compensable injury includes cancer that develops or manifests itself
during the period when the firefighter or peace officer demonstrates
that he or she was exposed, while in the service of the public
agency, to a known carcinogen, as defined, and the carcinogen is
reasonably linked to the disabling cancer. Existing law establishes a
presumption that the cancer in these cases is presumed to arise out
of, and in the course of, employment, unless the presumption is
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.
   This bill would extend the application of these provisions to
active firefighting members of a fire department that serves a United
States Department of Defense installation and who are certified by
the Department of Defense as meeting its standards for firefighters
and to fire and rescue services coordinators, as defined, who work
for the Office of Emergency Services.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3212.1 of the Labor Code is amended to read:
   3212.1.  (a) This section applies to all of the following:
   (1) Active firefighting members, whether volunteers, partly paid,
or fully paid, of all of the following fire departments:
   (A) A fire department of a city, county, city and county,
district, or other public or municipal corporation or political
subdivision.
   (B) A fire department of the University of California and the
California State University.
   (C) The Department of Forestry and Fire Protection.
   (D) A county forestry or firefighting department or unit.
   (2) Active firefighting members of a fire department that serves a
United States Department of Defense installation and who are
certified by the Department of Defense as meeting its standards for
firefighters.
   (3) Peace officers, as defined in Section 830.1, subdivision (a)
of Section 830.2, and subdivisions (a) and (b) of Section 830.37, of
the Penal Code, who are primarily engaged in active law enforcement
activities.
   (4) (A) Fire and rescue services coordinators who work for the
Office of Emergency Services.
   (B) For purposes of this paragraph, "fire and rescue services
coordinator" means a coordinator with any of the following job
classifications: coordinator, senior coordinator, or chief
coordinator.
   (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.
   (e) The amendments to this section enacted during the 1999 portion
of the 1999-2000 Regular Session shall be applied to claims for
benefits filed or pending on or after January 1, 1997, including, but
not limited to, claims for benefits filed on or after that date that
have previously been denied, or that are being appealed following
denial.