BILL NUMBER: AB 2043 CHAPTERED 09/29/00 CHAPTER 883 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2000 APPROVED BY GOVERNOR SEPTEMBER 28, 2000 PASSED THE ASSEMBLY AUGUST 25, 2000 PASSED THE SENATE AUGUST 24, 2000 AMENDED IN SENATE AUGUST 21, 2000 AMENDED IN SENATE AUGUST 7, 2000 AMENDED IN SENATE JUNE 8, 2000 AMENDED IN ASSEMBLY APRIL 13, 2000 AMENDED IN ASSEMBLY MARCH 30, 2000 AMENDED IN ASSEMBLY MARCH 23, 2000 INTRODUCED BY Assembly Member Maddox FEBRUARY 18, 2000 An act to amend Section 5402 of, and to add Section 3212.9 to, the Labor Code, relating to workers' compensation. LEGISLATIVE COUNSEL'S DIGEST AB 2043, Maddox. Workers' compensation: injuries. Under existing law, a person injured in the course of employment is generally entitled to receive workers' compensation on account of that injury. Existing law provides that, in the case of certain firefighting and law enforcement personnel, the term "injury" includes various medical conditions that are developed or manifested during a period while the person is in that service, and establishes a disputable presumption in this regard. This bill would provide that in the case of certain local firefighting and law enforcement personnel, the term "injury" also includes meningitis that develops or manifests itself during a period while the person is in that service. This bill would make other technical changes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 3212.9 is added to the Labor Code, to read: 3212.9. In the case of a member of a police department of a city, county, or city and county, or a member of the sheriff's office of a county, or a county probation officer, or an inspector or investigator in a district attorney's office of any county whose principal duties consist of active law enforcement service, when that person is employed on a regular, full-time salary, or in the case of a member of a fire department of any city, county, or district, or other public or municipal corporation or political subdivision, or any county forestry or firefighting department or unit, when those members are employed on a regular full-time salary, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement or firefighting, such as stenographers, telephone operators, and other officeworkers, the term "injury" includes meningitis that develops or manifests itself during a period while that person is in the service of that department, office, or unit. The compensation that is awarded for the meningitis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division. The meningitis so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a person 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. SEC. 2. Section 5402 of the Labor Code is amended to read: 5402. (a) Knowledge of an injury, obtained from any source, on the part of an employer, his or her managing agent, superintendent, foreman, or other person in authority, or knowledge of the assertion of a claim of injury sufficient to afford opportunity to the employer to make an investigation into the facts, is equivalent to service under Section 5400. (b) If liability is not rejected within 90 days after the date the claim form is filed under Section 5401, the injury shall be presumed compensable under this division. The presumption of this subdivision is rebuttable only by evidence discovered subsequent to the 90-day period.