NEW FOR 2002
Effective January 1, 2002, the following laws will be in effect:
Blood-borne Infectious Disease Presumption (AB 196)
Provides that if a safety member, a fire fighter, a county probation officer, or a member in active law enforcement who has completed five years or more of service under a pension system to Chapter 4, o under a pension system established pursuant to Chapter 5, or both, or under this retirement system, under the Public Employee's Retirement System, or under a retirement system established under this chapter in another county, develops blood-borne infectious disease, the disease so developing or manifesting itself in those cases shall be presumed to arise out of, and in the course of employment. The disease so developing or manifesting itself in those cases shall in no case be attributed to any disease existing prior to that development or manifestation.
It provides that any such person stated above shall be entitled to a service-connected retirement is permanently incapacitated for the performance of duty as a result of the blood-borne infectious disease.
The presumption shall be rebuttable by other evidence. Unless so rebutted, the board is bound to find in accordance with the presumption. This presumption shall be extended to a member following the termination of service for a period of 3 months for each full calendar year of requisite service, but not to exceed 60 months in any circumstance, commencing from the last date actually worked in the specified capacity.
Blood-Borne Infectious Disease for the purposes of this law is a disease caused by the exposure to pathogenic microorganisms that are present in human blood that can cause disease in humans, including, but not limited to, those pathogenic microorganisms defined as blood-borne pathogens by the Department of Industrial Relations.
Death Benefits: (AB 262)
Provides for Death benefits for totally dependent children of local safety members or patrol members who were killed in the line of duty prior to January 1, 1990. The bill also provides for an exemption for local safety members and patrol members from the limitation on the payment of death benefits would apply retroactively.
Lifeguard Skin Cancer Presumption (AB 663)
Provides that for both of the following: active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or public subdivision, and active state lifeguards employed by the Department of Parks and Recreation, the term "injury" as used in the division shall included skin cancer that develops or manifests itself during the period of the lifeguard's employment. The compensation awarded shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division.
Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of employment. This presumption is disputable and may be controverted by other evidence. Unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard following termination of service 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.
Skin cancer so developing or manifesting itself shall not be attributed to any disease existing prior to that development or manifestation.
This section shall only apply to lifeguards employed for more than 3 consecutive months in a calendar year.
Low Back Impairments (SB 424)
In the case of a member of a police department of a city, county, or city and county, or a member of the sheriff's office of a county, or a peace officer employed by the Department of the California Highway Patrol, or a peace officer employed by the University of Calfornia, who has been employed for at least 5 years as a peace officer on a regular, full-time salary and has been required to wear a duty belt as a condition of employment, the term "injury: as used in this division shall include lower back impairments. The compensation awarded shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division.
The lower back impairment so developing or manifesting itself in the peace officer shall be presumed to arise out of and in the course and scope of the employment. The presumption is disputable and may be controverted by other evidence. Unless so controverted, the appeal board is bound to find in accordance with it. This shall be extended to a person following termination of service 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.
The duty belt for the purpose of the section means a belt used for the purpose of holding a gun, handcuffs, baton, and other items related to law enforcement.
Injury Presumptions for additional Peace Offices, Department of Youth Authority (SB 1222):
Provides for a peace officer of the Department of Corrections who has custodial or supervisory duties of inmates or parolees, or a peace officer of the Department of Youth Authority who has custodial or supervisory duties of wards or parolees, or a peace office as defined in Section 830.5 of the Penal code and employed by a local agency, the term "injury" as used in this division includes heart trouble, pneumonia, tuberculosis, and meningitis that develops or manifests itself during the period in which any peace office is covered under this section is in the service of the department or unit. The compensation awarded shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division.
The heart trouble, pneumonia, tuberculosis, and meningitis so developing or manifesting shall be presumed to arise out of and in the course of employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a member following the termination of service for a period of 3 months for each full calendar year of requisite service, but not to exceed 60 months in any circumstance, commencing from the last date actually worked in the specified capacity.
NEW FOR 2001
NEW MEDICAL PRESUMPTIONS:
Effective January 1, 2001, the following laws will be in effect:
Hepatitis Presumption of Compensability for law enforcement personnel and firefighters. (SB 32, Labor Code Section 3212.8);
Cancer Presumption will be extended to additional categories of law enforcement personnel and firefighters (SB 1820); and
Meningitis Presumption will become effective when Labor Code Sections 5402 and 3212.9 are amended to include a meningitis presumption for certain law enforcement personnel and firefighters. (AB 2043).
NEW SALARY CONTINUATION APPLICATIONS:
Effective January 1, 2001, the following laws will be in effect:
Benefit entitlement to Labor Code Section 4850, will be amended to include Los Angeles Unified School District Police Officers to receive full pay in lieu of temporary disability. (SB 2081); and
Airport, Harbor and Port Police, Wardens, and other Officers. (AB1883)