Heart Presumption

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Lemaire, Faunce, Pingel & Singer

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

Applies to: The presumption applies to sheriffs, deputy sheriffs, police officers, district attorney investigators or inspectors, safety personnel in the State Department of Justice, Fish & Game Wardens, Highway Patrol Officers, University of California Police Officers, Department of Corrections Custodial Officers, Youth Authority Group Supervisors and Security Officers at Atascadero State Hospital.  If you have any doubt concerning whether the presumption applies to your position, you should consult with an attorney.

Body Parts for which Presumption Applies (Heart required):  There must be actual “heart trouble.”  Although Strokes, Hypertension and “Cardiac Neurosis” may in fact be determined to be work-related, these conditions are not sufficient to give rise to the “heart” presumption because there is no damage to the heart.  These other medical problems can be either accelerated, aggravated or caused by work and can be proven up based upon medical evidence and not upon this presumption.  Heart disease can be shown through various testing, including electrocardiograms, treadmill tests, and angiograms.

The Presumption:  The presumption is that the heart trouble 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 is disputable and may be converted by other evidence, but unless so controverted, the Workers’ Compensation Appeals Board is bound to find in accordance with the presumption and find that the injury is industrial.

Extension of 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.

Length of Service Requirement: For members of the police department, State Highway Patrol, the sheriff or deputy sheriff, or an inspector or investigator in a district attorney’s office of any county shall have served five years in that capacity or more before the presumption shall arise.  See Labor Code Section 3212.5.

Apportionment to pre-existing disability:  For many types of Law Enforcement officers, apportionment to pre-existing disability is not permitted if the presumption applies.  This may mean that the officer is entitled to additional amounts of disability that someone without the presumption would not be able to receive.