CAL FIRE and Workers' Compensation Presumptions

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As with most safety personnel, firefighters have multiple presumptions, and if you have a medical diagnosis, it may be related to work and you may not be aware of it.  It’s important to understand your rights especially if you are coming up on retirement. 

Heart Trouble Presumption  

Labor Code 3212 

To be eligible for the heart presumption, your principal duties must not be clerical or office work.  In other words, you’re actually out in the field. 

Pneumonia Presumption 

Labor Code 3212.3 

To be eligible for the pneumonia presumption, your principal duties must not be clerical or office work.  In other words, you’re actually out in the field. 

Hernia  Presumption

Labor Code 3212 

To be eligible for the hernia presumption, your principal duties must not be clerical or office work.  In other words, you’re actually out in the field. Your principal duty must be firefighting or emergency first-aid response services.

Tuberculosis Presumption  

Labor Code 3212.6 

To be eligible for the tuberculosis presumption, your principal duties must not be clerical or office work, must be employed with a regular, full-time salary, and your principal duty must be firefighting or emergency first-aid response services.

Lyme Disease Presumption 

Labor Code 3212.12 

No specific requirements other than being CAL-FIRE personnel who would be exposed to ticks.

Bloodborne Disease / MRSA Presumption 

Labor Code 3213.8 

To be eligible for the blood borne disease / MRSA presumption, your principal duties must not be clerical or office work, must be employed with a regular, full-time salary, and your principal duty must be firefighting or emergency first-aid response services.

Cancer Presumption 

Labor Code 3212.1 

Your principal duty must be firefighting or emergency first-aid response services, and you demonstrate you were exposed while in the service of the department or unit known to be around the carcinogen defined by the International Agency for Research on Cancer or as defined by the director, then this presumption applies. 

Biochemical Exposure Presumption 

Labor Code 3212.85 

No specific requirements other than being a member of CAL FIRE.

As you know, many of these requirements are “automatic” as a CAL FIRE firefighter; in some cases, the facts of a case make us “dig into the weeds” to be sure the presumption applies, however, in most cases we know it right up front.