Tuberculosis

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Lemaire, Faunce, Pingel & Singer

The Labor Code provides for a presumption to apply to some Law Enforcement personnel for tuberculosis. 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, and Public Agency Prison or Jail Guards or Correctional Officers. If you have any doubt concerning whether the presumption applies to your position, you should consult with an attorney.

The Presumption:  The presumption is that tuberculosis 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 it and find that the injury is industrial.

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.

What does it really mean:  If the Defendant cannot come up with any alternative medical theory as to how the hernia was caused, the Workers’ Compensation Appeals Board is obligated to find the injury industrial triggering all workers’ compensation benefits, total temporary disability, permanent disability, medical treatment, vocational rehabilitation and death benefits.  This injury is also extended 3 months for every year of service up to 60 months from the last date of physically working.