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** Note: This
document covers Occupational Cancer. It is taken directly from the
following link ...
California Labor Code 3212.1
(a) This section applies to
active firefighting members,
whether volunteers, partly paid, or fully paid, of all of the
following fire departments: (1) a fire department of a city,
county,
city and county, district, or other public or municipal
corporation
or political subdivision, (2) a fire department of the University
of
California and the California State University, (3) the Department
of
Forestry and Fire Protection, and (4) a county forestry or
firefighting department or unit. This section also applies to
peace
officers, as defined in Section 830.1, subdivision (a) of Section
830.2, and subdivisions (a) and (b) of Section 830.37, of the
Penal
Code, who are primarily engaged in active law enforcement
activities.
(b) The term "injury," as used in this division, includes cancer,
including leukemia, that develops or manifests itself during a
period
in which any member described in subdivision (a) is in the service
of the department or unit, if the member demonstrates that he or
she
was exposed, while in the service of the department or unit, to a
known carcinogen as defined by the International Agency for
Research
on Cancer, or as defined by the director.
(c) The compensation that is awarded for cancer shall include full
hospital, surgical, medical treatment, disability indemnity, and
death benefits, as provided by this division.
(d) The cancer so developing or manifesting itself in these cases
shall be presumed to arise out of and in the course of the
employment. This presumption is disputable and may be controverted
by evidence that the primary site of the cancer has been
established
and that the carcinogen to which the member has demonstrated
exposure
is not reasonably linked to the disabling cancer. Unless so
controverted, the appeals board is bound to find in accordance
with
the presumption. This presumption shall be extended to a member
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.
(e) The amendments to this section enacted during the 1999 portion
of the 1999-2000 Regular Session shall be applied to claims for
benefits filed or pending on or after January 1, 1997, including,
but
not limited to, claims for benefits filed on or after that date
that
have previously been denied, or that are being appealed following
denial.
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