California Legislature—2015–16 Regular Session

Assembly BillNo. 511


Introduced by Assembly Member Gipson

February 23, 2015


An act to amend Section 3212.1 of, and to repeal and add Sections 3212, 3212.5, 3212.6, 3212.85, and 3212.9 of, the Labor Code, relating to workers’ compensation.

LEGISLATIVE COUNSEL’S DIGEST

AB 511, as introduced, Gipson. Workers’ compensation.

Existing law establishes a workers’ compensation system to compensate an employee for injuries arising out of, and in the course of, his or her employment. Existing law designates illnesses and conditions that constitute a compensable injury for various employees, such as California Highway Patrol members, firefighters, and certain peace officers. These injuries include, but are not limited to, hernia, pneumonia, heart trouble, cancer, meningitis, and exposure to a biochemical substance when the illness or condition develops or manifests itself during a period when the officer or employee is in service of his or her employer, as specified.

This bill would expand the coverage of the above provisions relating to compensable injury, to include other, full-time peace officers described pursuant to specified provisions of law. The bill would also expand the coverage of these provisions to include, upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement, a custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer to whom these provisions already apply. The bill would also make technical and clarifying changes.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 3212 of the Labor Code is repealed.

begin delete
2

3212.  

In the case of members of a sheriff’s office or the
3California Highway Patrol, district attorney’s staff of inspectors
4and investigators or of police or fire departments of cities, counties,
5cities and counties, districts or other public or municipal
6corporations or political subdivisions, whether those members are
7volunteer, partly paid, or fully paid, and in the case of active
8firefighting members of the Department of Forestry and Fire
9Protection whose duties require firefighting or of any county
10forestry or firefighting department or unit, whether voluntary, fully
11paid, or partly paid, and in the case of members of the warden
12service of the Wildlife Protection Branch of the Department of
13Fish and Game whose principal duties consist of active law
14enforcement service, excepting those whose principal duties are
15clerical or otherwise do not clearly fall within the scope of active
16law enforcement service such as stenographers, telephone
17operators, and other officeworkers, the term “injury” as used in
18this act includes hernia when any part of the hernia develops or
19manifests itself during a period while the member is in the service
20in the office, staff, division, department, or unit, and in the case
21of members of fire departments, except those whose principal
22duties are clerical, such as stenographers, telephone operators, and
23other officeworkers, and in the case of county forestry or
24firefighting departments, except those whose principal duties are
25clerical, such as stenographers, telephone operators, and other
26officeworkers, and in the case of active firefighting members of
27the Department of Forestry and Fire Protection whose duties
28require firefighting, and in the case of members of the warden
29service of the Wildlife Protection Branch of the Department of
30Fish and Game whose principal duties consist of active law
31enforcement service, excepting those whose principal duties are
32clerical or otherwise do not clearly fall within the scope of active
P3    1law enforcement service such as stenographers, telephone
2operators, and other officeworkers, the term “injury” includes
3pneumonia and heart trouble that develops or manifests itself
4during a period while the member is in the service of the office,
5staff, department, or unit. In the case of regular salaried county or
6city and county peace officers, the term “injury” also includes any
7hernia that manifests itself or develops during a period while the
8officer is in the service. The compensation that is awarded for the
9hernia, heart trouble, or pneumonia shall include full hospital,
10surgical, medical treatment, disability indemnity, and death
11benefits, as provided by the workers’ compensation laws of this
12state.

13The hernia, heart trouble, or pneumonia so developing or
14manifesting itself in those cases shall be presumed to arise out of
15and in the course of the employment. This presumption is
16disputable and may be controverted by other evidence, but unless
17so controverted, the appeals board is bound to find in accordance
18with it. The presumption shall be extended to a member following
19termination of service for a period of three calendar months for
20each full year of the requisite service, but not to exceed 60 months
21in any circumstance, commencing with the last date actually
22worked in the specified capacity.

23The hernia, heart trouble, or pneumonia so developing or
24manifesting itself in those cases shall in no case be attributed to
25any disease existing prior to that development or manifestation.

end delete
26

SEC. 2.  

Section 3212 is added to the Labor Code, to read:

27

3212.  

(a) As used in this act, the term “injury” includes both
28of the following:

29(1) With respect to the following members, a hernia, when any
30part of the hernia develops or manifests itself during a period while
31the member is in the service of the office, staff, division,
32department, or unit:

33(A) Members of a sheriff’s office or the California Highway
34Patrol, district attorney’s staff of inspectors and investigators, or
35police or fire departments of cities, counties, cities and counties,
36districts, or other public or municipal corporations or political
37subdivisions, whether those members are volunteers, or are partly
38paid or fully paid.

39(B) Active firefighting members of the Department of Forestry
40and Fire Protection whose duties require firefighting or of any
P4    1county forestry or firefighting department or unit, whether those
2members are volunteers, or are partly paid or fully paid.

3(C) Members of the warden service of the Wildlife Branch of
4the Department of Fish and Wildlife whose principal duties consist
5of active law enforcement service.

6(D) Regular salaried county or city and county peace officers.

7(E) Full-time peace officers, other than those described in
8subparagraph (A) or (D), as described in Chapter 4.5 (commencing
9with Section 830) of Title 3 of Part 2 of the Penal Code.

10(F) Upon the approval of an ordinance or resolution adopted by
11the governing body of the contracting public agency, or the
12adoption of language to this effect in a city or county charter, or
13pursuant to the terms and conditions of employment set forth in a
14collective bargaining agreement, a custody assistant, correctional
15officer, security officer, or security assistant employed by a public
16agency, or a peace officer other than a peace officer described in
17Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
18of the Penal Code.

19(2) With respect to the following members, pneumonia and
20heart trouble that develops or manifests itself during a period while
21the member is in the service of the department:

22(A) Members of fire departments.

23(B) Members of county forestry or firefighting departments.

24(C) Active firefighting members of the Department of Forestry
25and Fire Protection whose duties require firefighting.

26(D) Members of the warden service of the Wildlife Branch of
27the Department of Fish and Wildlife whose principal duties consist
28of active law enforcement service.

29(E) Upon the approval of an ordinance or resolution adopted
30by the governing body of the contracting public agency, or the
31adoption of language to this effect in a city or county charter, or
32pursuant to the terms and conditions of employment set forth in a
33collective bargaining agreement, a custody assistant, correctional
34officer, security officer, or security assistant employed by a public
35agency, or a peace officer other than a peace officer described in
36Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
37of the Penal Code.

38(b) The compensation that is awarded for the hernia, heart
39trouble, or pneumonia shall include full hospital, surgical, medical
P5    1treatment, disability indemnity, and death benefits, as provided by
2the workers’ compensation laws of this state.

3(c) Hernia, heart trouble, or pneumonia developing or
4manifesting as described in this section shall be presumed to arise
5out of and in the course of employment. This presumption is
6disputable and may be controverted by other evidence, but unless
7controverted by other evidence, the appeals board is bound to find
8in accordance with it. The presumption shall be extended to a
9member following termination of service for a period of three
10calendar months for each full year of the requisite service, but not
11to exceed 60 months in any circumstance, commencing with the
12last date actually worked in the specified capacity.

13(d) Hernia, heart trouble, or pneumonia developing or
14manifesting as described in this section shall not be attributed to
15any disease existing prior to that development or manifestation.

16(e) This section does not apply to persons whose principal duties
17are clerical or otherwise do not clearly fall within the scope of
18active law enforcement, including custody and corrections,
19firefighting, or emergency first aid response service, such as
20stenographers, receptionists, and other office workers.

21

SEC. 3.  

Section 3212.1 of the Labor Code is amended to read:

22

3212.1.  

(a) This section applies to all of the following:

23(1) Active firefighting members, whetherbegin insert those members areend insert
24 volunteers,begin insert or areend insert partlybegin delete paid,end deletebegin insert paidend insert or fully paid, of all of the
25following fire departments:

26(A) A fire department of a city, county, city and county, district,
27or other public or municipal corporation or political subdivision.

28(B) A fire department of the University of California and the
29California State University.

30(C) The Department of Forestry and Fire Protection.

31(D) A county forestry or firefighting department or unit.

32(2) Active firefighting members of a fire department that serves
33a United States Department of Defense installation and who are
34certified by the Department of Defense as meeting its standards
35for firefighters.

36(3) Active firefighting members of a fire department that serves
37a National Aeronautics and Space Administration installation and
38who adhere to training standards established in accordance with
39Article 4 (commencing with Section 13155) of Chapter 1 of Part
402 of Division 12 of the Health and Safety Code.

P6    1(4) begin deletePeace end deletebegin insertPart-time peace end insertofficers, as defined in Section 830.1,
2subdivision (a) of Section 830.2, and subdivisions (a) and (b) of
3Section 830.37, of the Penal Code, who are primarily engaged in
4active law enforcement activitiesbegin insert, and full-time peace officers
5described in Chapter 4.5 (commencing with Section 830) of Title
63 of Part 2 of the Penal Codeend insert
.

7(5) (A) Fire and rescue services coordinators who work for the
8Office of Emergency Services.

9(B) For purposes of this paragraph, “fire and rescue services
10coordinators” means coordinators with any of the following job
11classifications: coordinator, senior coordinator, or chief
12coordinator.

begin insert

13(6) Upon the approval of an ordinance or resolution adopted
14by the governing body of the contracting public agency, or the
15adoption of language to this effect in a city or county charter, or
16pursuant to the terms and conditions of employment set forth in a
17 collective bargaining agreement, a custody assistant, correctional
18officer, security officer, or security assistant employed by a public
19agency, or a peace officer other than a peace officer described in
20Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
21the Penal Code.

end insert

22(b) The term “injury,” as used in this division, includes cancer,
23including leukemia, that develops or manifests itself during a period
24in which any member described in subdivision (a) is in the service
25of the department or unit, if the member demonstrates that he or
26she was exposed, while in the service of the department or unit,
27to a known carcinogen as defined by the International Agency for
28Research on Cancer, or as defined by the director.

29(c) The compensation that is awarded for cancer shall include
30full hospital, surgical, medical treatment, disability indemnity, and
31death benefits, as provided by this division.

32(d) The cancer so developing or manifesting itself in these cases
33shall be presumed to arise out of and in the course of the
34employment. This presumption is disputable and may be
35controverted by evidence that the primary site of the cancer has
36been established and that the carcinogen to which the member has
37demonstrated exposure is not reasonably linked to the disabling
38cancer. Unless so controverted, the appeals board is bound to find
39in accordance with the presumption. This presumption shall be
40extended to a member following termination of service for a period
P7    1of three calendar months for each full year of the requisite service,
2but not to exceed 120 months in any circumstance, commencing
3with the last date actually worked in the specified capacity.

4(e) The amendments to this section enacted during the 1999
5portion of the 1999-2000 Regular Session shall be applied to
6claims for benefits filed or pending on or after January 1, 1997,
7including, but not limited to, claims for benefits filed on or after
8that date that have previously been denied, or that are being
9appealed following denial.

10(f) This section shall be known, and may be cited, as the William
11Dallas Jones Cancer Presumption Act of 2010.

12

SEC. 4.  

Section 3212.5 of the Labor Code is repealed.

begin delete
13

3212.5.  

In the case of a member of a police department of a
14city or municipality, or a member of the State Highway Patrol,
15when any such member is employed upon a regular, full-time
16salary, and in the case of a sheriff or deputy sheriff, or an inspector
17or investigator in a district attorney’s office of any county,
18employed upon a regular, full-time salary, the term “injury” as
19used in this division includes heart trouble and pneumonia which
20develops or manifests itself during a period while such member,
21sheriff, or deputy sheriff, inspector or investigator is in the service
22of the police department, the State Highway Patrol, the sheriff’s
23office or the district attorney’s office, as the case may be. The
24compensation which is awarded for such heart trouble or
25pneumonia shall include full hospital, surgical, medical treatment,
26disability indemnity, and death benefits as provided by the
27provisions of this division.

28Such heart trouble or pneumonia so developing or manifesting
29itself shall be presumed to arise out of and in the course of the
30employment; provided, however, that the member of the police
31department, State Highway Patrol, the sheriff or deputy sheriff, or
32an inspector or investigator in a district attorney’s office of any
33county shall have served five years or more in such capacity before
34the presumption shall arise as to the compensability of heart trouble
35so developing or manifesting itself. This presumption is disputable
36and may be controverted by other evidence, but unless so
37controverted, the appeals board is bound to find in accordance
38with it. This presumption shall be extended to a member following
39termination of service for a period of three calendar months for
40each full year of the requisite service, but not to exceed 60 months
P8    1in any circumstance, commencing with the last date actually
2worked in the specified capacity.

3Such heart trouble or pneumonia so developing or manifesting
4itself in such cases shall in no case be attributed to any disease
5existing prior to such development or manifestation.

6The term “members” as used herein shall be limited to those
7employees of police departments, the California Highway Patrol
8and sheriffs’ departments and inspectors and investigators of a
9district attorney’s office who are defined as peace officers in
10Section 830.1, 830.2, or 830.3 of the Penal Code.

end delete
11

SEC. 5.  

Section 3212.5 is added to the Labor Code, to read:

12

3212.5.  

(a) The term “injury” as used in this division includes
13heart trouble and pneumonia that develops or manifests itself
14during a period while a person described in this subdivision is in
15the service of the agency, department, or office as described in
16this subdivision, and the compensation that is awarded for heart
17trouble or pneumonia as described in this section shall include full
18hospital, surgical, medical treatment, disability indemnity, and
19death benefits as provided by the provisions of this division for
20the following persons when those persons are employed upon a
21regular, full-time salary:

22(1) A peace officer described in Chapter 4.5 (commencing with
23Section 830) of Title 3 of Part 2 of the Penal Code who is employed
24on a regular, full-time salary.

25(2) An inspector or investigator in a district attorney’s office of
26a county who is employed on a regular, full-time salary.

27(3) Upon the approval of an ordinance or resolution adopted by
28the governing body of the contracting public agency, or the
29adoption of language to this effect in a city or county charter, or
30pursuant to the terms and conditions of employment set forth in a
31collective bargaining agreement, a custody assistant, correctional
32officer, security officer, or security assistant employed by a public
33agency, or a peace officer other than a peace officer described in
34Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
35of the Penal Code.

36(b) The heart trouble or pneumonia so developing or manifesting
37itself shall be presumed to arise out of and in the course of the
38employment; provided, however, that the person shall have served
39five years or more in that capacity before the presumption shall
40arise as to the compensability of heart trouble so developing or
P9    1manifesting itself. This presumption is disputable and may be
2controverted by other evidence, but, unless so controverted, the
3appeals board is bound to find in accordance with it. This
4presumption shall be extended to a person following termination
5of service for a period of three calendar months for each full year
6of the requisite service, not to exceed 60 months in any
7circumstance, commencing with the last date actually worked in
8the specified capacity.

9(c) The heart trouble or pneumonia so developing or manifesting
10itself in these cases shall in no case be attributed to any disease
11existing prior to its development or manifestation.

12

SEC. 6.  

Section 3212.6 of the Labor Code is repealed.

begin delete
13

3212.6.  

In the case of a member of a police department of a
14city or county, or a member of the sheriff’s office of a county, or
15a member of the California Highway Patrol, or an inspector or
16investigator in a district attorney’s office of any county whose
17principal duties consist of active law enforcement service, or a
18prison or jail guard or correctional officer who is employed by a
19public agency, when that person is employed upon a regular,
20full-time salary, or in the case of members of fire departments of
21any city, county, or district, or other public or municipal
22 corporations or political subdivisions, when those members are
23employed on a regular fully paid basis, and in the case of active
24firefighting members of the Department of Forestry and Fire
25Protection whose duties require firefighting and first-aid response
26services, or of any county forestry or firefighting department or
27unit, where those members are employed on a regular fully paid
28basis, excepting those whose principal duties are clerical or
29otherwise do not clearly fall within the scope of active law
30enforcement, firefighting, or emergency first-aid response service
31such as stenographers, telephone operators, and other
32officeworkers, the term “injury” includes tuberculosis that develops
33or manifests itself during a period while that member is in the
34service of that department or office. The compensation that is
35awarded for the tuberculosis shall include full hospital, surgical,
36medical treatment, disability indemnity, and death benefits as
37provided by the provisions of this division.

38The tuberculosis so developing or manifesting itself shall be
39presumed to arise out of and in the course of the employment. This
40presumption is disputable and may be controverted by other
P10   1evidence, but unless so controverted, the appeals board is bound
2to find in accordance with it. This presumption shall be extended
3to a member following termination of service for a period of three
4calendar months for each full year of the requisite service, but not
5to exceed 60 months in any circumstance, commencing with the
6last date actually worked in the specified capacity.

7A public entity may require applicants for employment in
8firefighting positions who would be entitled to the benefits granted
9by this section to be tested for infection for tuberculosis.

end delete
10

SEC. 7.  

Section 3212.6 is added to the Labor Code, to read:

11

3212.6.  

(a) (1) The term “injury” includes tuberculosis that
12develops or manifests itself during a period while a person
13described in this paragraph is in the service of the agency,
14department, or office as described in this paragraph and the
15compensation that is awarded for the tuberculosis shall include
16full hospital, surgical, medical treatment, disability indemnity, and
17death benefits as provided by the provisions of this division for
18the following persons:

19(A) A peace officer described in Chapter 4.5 (commencing with
20Section 830) of Title 3 of Part 2 of the Penal Code if that person
21is employed upon a regular, full-time salary.

22(B) An inspector or investigator in a district attorney’s office
23of a county who is employed on a regular, full-time salary.

24(C) A prison or jail guard or correctional officer who is
25employed by a public agency if that person is employed upon a
26regular, full-time salary.

27(D) Upon the approval of an ordinance or resolution adopted
28by the governing body of the contracting public agency, or the
29adoption of language to this effect in a city or county charter, or
30pursuant to the terms and conditions of employment set forth in a
31collective bargaining agreement, a custody assistant, correctional
32officer, security officer, or security assistant employed by a public
33agency, or a peace officer other than a peace officer described in
34Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
35of the Penal Code, if that person is employed upon a regular,
36full-time salary.

37(E) A member of a fire department of any city, county, or
38district, or other public or municipal corporations or political
39subdivisions, if that person is employed on a regular, fully paid
40basis.

P11   1(F) An active firefighting member of the Department of Forestry
2and Fire Protection whose duties require firefighting and first aid
3response services, or of a county forestry or firefighting department
4or unit, if that person is employed on a regular, fully paid basis.

5(2) The tuberculosis developing or manifesting itself as
6described in paragraph (1) shall be presumed to arise out of and
7in the course of the employment. This presumption is disputable
8and may be controverted by other evidence, but unless so
9controverted, the appeals board is bound to find in accordance
10with it. This presumption shall be extended to a person described
11in paragraph (1) following termination of service for a period of
12three calendar months for each full year of the requisite service,
13but not to exceed 60 months in any circumstance, commencing
14with the last date actually worked in the specified capacity.

15(b) A public entity may require applicants for employment in
16firefighting positions who would be entitled to the benefits granted
17by this section to be tested for infection for tuberculosis.

18(c) This section does not apply to persons whose principal duties
19are clerical or otherwise do not clearly fall within the scope of
20active law enforcement, including custody and corrections,
21firefighting, or emergency first aid response service, such as
22stenographers, receptionists, and other office workers.

23

SEC. 8.  

Section 3212.85 of the Labor Code is repealed.

begin delete
24

3212.85.  

(a) This section applies to peace officers described
25in Sections 830.1 to 830.5, inclusive, of the Penal Code, and
26members of a fire department.

27(b) The term “injury,” as used in this division, includes illness
28or resulting death due to exposure to a biochemical substance that
29develops or occurs during a period in which any member described
30in subdivision (a) is in the service of the department or unit.

31(c) The compensation that is awarded for injury pursuant to this
32section shall include full hospital, surgical, medical treatment,
33disability indemnity, and death benefits, as provided by this
34division.

35(d) The injury that develops or manifests itself in these cases
36shall be presumed to arise out of, and in the course of, the
37employment. This presumption is disputable and may be
38controverted by other evidence. Unless controverted, the appeals
39board is bound to find in accordance with the presumption. This
40presumption shall be extended to a member following termination
P12   1of service for a period of three calendar months for each full year
2of the requisite service, but not to exceed 60 months in any
3circumstance, commencing with the last date actually worked in
4the specified capacity.

5(e) For purposes of this section, the following definitions apply:

6(1) “Biochemical substance” means any biological or chemical
7agent that may be used as a weapon of mass destruction, including,
8but not limited to, any chemical warfare agent, weaponized
9biological agent, or nuclear or radiological agent, as these terms
10are defined in Section 11417 of the Penal Code.

11(2) “Members of a fire department” includes, but is not limited
12to, an apprentice, volunteer, partly paid, or fully paid member of
13any of the following:

14(A) A fire department of a city, county, city and county, district,
15or other public or municipal corporation or political subdivision.

16(B) A fire department of the University of California and the
17California State University.

18(C) The Department of Forestry and Fire Protection.

19(D) A county forestry or firefighting department or unit.

end delete
20

SEC. 9.  

Section 3212.85 is added to the Labor Code, to read:

21

3212.85.  

(a) The term “injury,” as used in this division,
22includes illness or resulting death due to exposure to a biochemical
23substance that develops or occurs during a period in which a person
24described in this subdivision is in the service of the agency,
25department, or unit as described in this subdivision:

26(1) A part-time peace officer described in Sections 830.1 to
27830.5, inclusive, of, or a full-time peace officer described in,
28Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
29of the Penal Code.

30(2) A member of a fire department.

31(3) Upon the approval of an ordinance or resolution adopted by
32the governing body of the contracting public agency, or the
33adoption of language to this effect in a city or county charter, or
34pursuant to the terms and conditions of employment set forth in a
35collective bargaining agreement, a custody assistant, correctional
36officer, security officer, or security assistant employed by a public
37agency, or a peace officer other than a peace officer described in
38Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
39of the Penal Code.

P13   1(b) The compensation that is awarded for injury pursuant to this
2section shall include full hospital, surgical, medical treatment,
3disability indemnity, and death benefits, as provided by this
4division.

5(c) The injury that develops or manifests itself in these cases
6shall be presumed to arise out of, and in the course of, the
7employment. This presumption is disputable and may be
8controverted by other evidence. Unless controverted, the appeals
9board is bound to find in accordance with the presumption. This
10presumption shall be extended to a person described in subdivision
11(a) following termination of service for a period of three calendar
12months for each full year of the requisite service, but not to exceed
1360 months in any circumstance, commencing with the last date
14actually worked in the specified capacity.

15(d) For purposes of this section, the following definitions apply:

16(1) “Biochemical substance” means any biological or chemical
17agent that may be used as a weapon of mass destruction, including,
18but not limited to, any chemical warfare agent, weaponized
19biological agent, or nuclear or radiological agent, as these terms
20are defined in Section 11417 of the Penal Code.

21(2) “Member of a fire department” includes, but is not limited
22to, an apprentice, volunteer, partly paid, or fully paid member of
23any of the following:

24(A) A fire department of a city, county, city and county, district,
25or other public or municipal corporation or political subdivision.

26(B) A fire department of the University of California and the
27California State University.

28(C) The Department of Forestry and Fire Protection.

29(D) A county forestry or firefighting department or unit.

30

SEC. 10.  

Section 3212.9 of the Labor Code is repealed.

begin delete
31

3212.9.  

In the case of a member of a police department of a
32city, county, or city and county, or a member of the sheriff’s office
33of a county, or a member of the California Highway Patrol, or a
34county probation officer, or an inspector or investigator in a district
35attorney’s office of any county whose principal duties consist of
36active law enforcement service, when that person is employed on
37a regular, full-time salary, or in the case of a member of a fire
38department of any city, county, or district, or other public or
39municipal corporation or political subdivision, or any county
40forestry or firefighting department or unit, when those members
P14   1are employed on a regular full-time salary, excepting those whose
2principal duties are clerical or otherwise do not clearly fall within
3the scope of active law enforcement or firefighting, such as
4stenographers, telephone operators, and other officeworkers, the
5term “injury” includes meningitis that develops or manifests itself
6during a period while that person is in the service of that
7department, office, or unit. The compensation that is awarded for
8the meningitis shall include full hospital, surgical, medical
9treatment, disability indemnity, and death benefits as provided by
10the provisions of this division.

11The meningitis so developing or manifesting itself shall be
12presumed to arise out of and in the course of the employment. This
13presumption is disputable and may be controverted by other
14evidence, but unless so controverted, the appeals board is bound
15to find in accordance with it. This presumption shall be extended
16to a person following termination of service for a period of three
17calendar months for each full year of the requisite service, but not
18to exceed 60 months in any circumstance, commencing with the
19last date actually worked in the specified capacity.

end delete
20

SEC. 11.  

Section 3212.9 is added to the Labor Code, to read:

21

3212.9.  

(a) The term “injury” includes meningitis that develops
22or manifests itself when one of the following persons is in the
23service of the agency, department, or unit as described in this
24subdivision and the compensation that is awarded for meningitis
25shall include full hospital, surgical, medical treatment, disability
26indemnity, and death benefits as provided by this division:

27(1) A peace officer described in Chapter 4.5 (commencing with
28Section 830) of Title 3 of Part 2 Penal Code who is employed on
29a regular, full-time salary.

30(2) An inspector or investigator in a district attorney’s office of
31a county whose principal duties consist of active law enforcement
32service and who is employed on a regular, full-time salary.

33(3) A member of a fire department of any city, county, or
34district, or other public or municipal corporation or political
35subdivision, or a county forestry or firefighting department or unit,
36who is employed on a regular, full-time salary.

37(4) Upon the approval of an ordinance or resolution adopted by
38the governing body of the contracting public agency, or the
39adoption of language to this effect in a city or county charter, or
40pursuant to the terms and conditions of employment set forth in a
P15   1collective bargaining agreement, a custody assistant, correctional
2officer, security officer, or security assistant employed by a public
3agency, or a peace officer other than a peace officer described in
4Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
5of the Penal Code who is employed on a regular, full-time salary.

6(b) For purposes of this section, meningitis shall be presumed
7to arise out of, and in the course of, the employment. This
8presumption is disputable and may be controverted by other
9evidence, but unless so controverted, the appeals board is bound
10to find in accordance with it. This presumption shall be extended
11to a person following termination of service for a period of three
12calendar months for each full year of the requisite service, but not
13to exceed 60 months in any circumstance, commencing with the
14last date actually worked in the specified capacity.

15(c) This section does not apply to persons whose principal duties
16are clerical or otherwise do not clearly fall within the scope of
17active law enforcement, including custody and corrections, or
18firefighting, such as stenographers, receptionists, and other office
19workers.



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