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** Note: This
document covers Occupational Bloodborne Infectious Diseases. It is
taken directly from the following link ...
California Labor Code 3212.8
(a) In the case of members of
a sheriff's office, of police
or fire departments of cities, counties, cities and counties,
districts, or other public or municipal corporations or political
subdivisions, or individuals described in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, whether
those persons are volunteer, partly paid, or fully paid, and in
the
case of active firefighting members of the Department of Forestry
and
Fire Protection, or of any county forestry or firefighting
department or unit, whether voluntary, fully paid, or partly paid,
excepting those whose principal duties are clerical or otherwise
do
not clearly fall within the scope of active law enforcement
service
or active firefighting services, such as stenographers, telephone
operators, and other office workers, the term "injury" as used in
this division, includes a blood-borne infectious disease when any
part of the blood-borne infectious disease develops or manifests
itself during a period while that person is in the service of that
office, staff, division, department, or unit. The compensation
that
is awarded for a blood-borne infectious disease shall include, but
not be limited to, full hospital, surgical, medical treatment,
disability indemnity, and death benefits, as provided by the
workers'
compensation laws of this state.
(b) The blood-borne infectious disease so developing or
manifesting itself in those cases shall be presumed to arise out
of
and in the course of the employment or service. 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. That presumption shall be extended to a person covered by
subdivision (a) following termination of service for a period of
three calendar months for each full year of service, but not to
exceed 60 months in any circumstance, commencing with the last
date
actually worked in the specified capacity.
(c) The blood-borne infectious 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.
(d) For the purposes of this section, "blood-borne infectious
disease" means a disease caused by exposure to pathogenic
microorganisms that are present in human blood that can cause
disease
in humans, including those pathogenic microorganisms defined as
blood-borne pathogens by the Department of Industrial Relations.
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