Cancer

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Lemaire, Faunce, Pingel & Singer

The Labor Code provides for a presumption to apply to some Law Enforcement personnel for cancer. The nature of the presumption is limited

Applies to:  Peace Officers, as defined in Penal Code Section 830.1 and 830.2(a) who are engaged in active law enforcement activities.

Body Parts for which Presumption Applies:  The injury for this presumption is cancer that develops or manifests itself.  The presumption also applies to leukemia.

What is required to be Proven for Presumption to Apply:  The member must demonstrate that during a period in which the member was in the service of the department or unit, he or she was exposed to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director.

The Presumption:  The presumption is that cancer so developing or manifesting itself shall be presumed to arise out of and in the course and scope of employment (Industrial).

Rebutting of the Presumption: The presumption may be controverted by evidence that the primary site of the cancer has been established  and the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer.

Extension of the Presumption beyond the dates of Employment:  the presumption is extended to a member following termination of employment 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.