Heart Presumption: What Conditions Does the Law Recognize?

If you are a sheriff, police officer, district attorney investigator or inspector, highway patrol officer, Department of Justice personnel considered “safety”, firefighter, correction officer with CDCR (as well as other employees who have custodial duties), county probation officer, security officer with Atascadero State Hospital, or a Fish & Game Warden, then the heart presumption may apply to you.

To learn more about heart presumption, you can click this link to open a separate window.

The question is which heart conditions does the law recognize?  

Generally, the case law has supported the heart presumption for most heart problems (see the list below).  As attorneys, we will always state that the facts of every case is different, so until we know the “whole picture,” we won’t state with specificity whether or not it applies to you.  

That said, some of the conditions that the Courts have analyzed are as follows:

Atherosclerosis of the Coronary Artery Valvular Lesions
Arteriosclerotic Heart Disease or Coronary Artery Disease
Acute and Chronic Arteriosclerotic Occlusive Disease in the Iliac Arteries
Atrial Fibrillation
Atrial Flutter
Cardiac Arrhythmia
Congenital Heart Condition
Coronary Arteriosclerotic Heart Disease
Coronary Artery Disease
Coronary Heart Disease
Enlarged Heart
Heart Attack diagnosed as heart insufficiency
Heart Valve Defect
Hypertensive Cardiovascular Disease
Hypertensive Heart Disease
Left Ventricular Hypertrophy
Mitral Heart Valve
Premature Ventricular Contractions
Tumor in Left Atrium
Valvular Lesions

The heart presumption could have an impact on whether or not you are eligible for Industrial Disability Retirement (IDR).  If you don't know what IDR is, you need to read about it by clicking here.