Presumptions | Safety Workers

Workers' Compensation case law has determined that these presumption statutes "show a purpose of the Legislature to provide additional benefits for certain public employees whose services are both vital to the public interest and hazardous."

Presumptive injuries include heart, lower back provided you wear a duty belt, pneumonia, tuberculosis, Lyme's disease, hernia, meningitis, blood borne illness, cancer, MRSA, and biochemical exposure. These types of injuries are given special consideration by workers' compensation courts for safety employees.

The heart presumption is a critical one to understand, because heart conditions often go undetected. Our recommendation is that before any corrections employee leaves their job either through change in circumstance or retirement, they have their doctor schedule an echocardiogram (EKG) and EBCT Heart Scan to make sure the heart is functioning properly, especially if the employee has had a history of hypertensive disease. If not, the heart presumption can help get you workers' compensation benefits if there is undetected symptoms.

Corrections (CDCR)

Injuries involving heart, pneumonia, tuberculosis, meningitis, blood borne illness, MRSA, and biochemical exposure are given special consideration by workers' compensation courts for CDCR employees whose essential job functions fit into a safety classification. The heart presumption is probably the most important presumption.

California Highway Patrol

Injuries involving heart, pneumonia, tuberculosis, hernia, lower back, meningitis, blood borne illness, cancer, MRSA, and biochemical exposure are given special consideration by workers' compensation courts for California Highway Patrol employees who are considered safety officers. The heart, hernia, and lower back presumptions are the most common presumptions used, because those injuries are common.

CAL FIRE

Injuries involving heart, pneumonia, tuberculosis, Lyme disease, blood borne illness, cancer, MRSA, and biochemical exposure are given special consideration by workers' compensation courts for CAL FIRE employees who are safety workers.

To know for sure if a presumption applies to your injury is a case-by-case determination, therefore we must look at the specific facts in a case to know if a presumption or presumptions apply to your injury.

- Jason Wells, Attorney At Law

County Law Enforcement

City Law Enforcement

City police officers with injuries involving heart, pneumonia, tuberculosis, lower back, meningitis, blood borne illness, cancer, MRSA, and biochemical exposure are given special consideration by workers' compensation courts.

Firefighters

City and county firefighters with injuries involving heart, pneumonia, tuberculosis, meningitis, blood borne illness, cancer, MRSA, and biochemical exposure are given special consideration by workers' compensation courts.

Fish & Wildlife

Injuries involving heart, pneumonia, hernia, Lyme disease, blood borne illness, MRSA, and biochemical exposure are given special consideration by workers' compensation courts for California Fish and Game employees who are safety workers.

Park Rangers

Injuries involving Lyme's disease, blood borne illness, MRSA, and biochemical exposure are given special consideration by workers' compensation courts for California Parks and Recreation employees who are safety workers.

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