In recent years there have been a number of significant changes in regards to the Workers' Compensation system. This has left many wondering how their rights have been impacted. One frequently asked question pertains to "presumptive" injuries for peace officers. Specifically, what types of injuries are considered to be presumptive under current Workers' Compensation law? Below is a list of the type of injuries the California state legislature has deemed to be presumptively work related for peace officers. Please note these are rebuttable presumptions and often times will be challenged by employers. If you have experienced issue with any of the following please feel free to contact us to discuss.
- Hernia, Heart Trouble and Pneumonia
- Cancer - This one is regularly challneged depending on the type of cancer. More importantly, the types of exposures you are able to articulate and their connection to the development of the cancer.
- Lower back - Often referred to as the "duty belt" presumption
- Blood-Borne infectious disease OR MRSA (Methicillin Resistant Staphylococcus skin infection) - MRSA was added to the list in 2009 when legislature could no longer ignore the substantial number of MRSA infections among individuals in the law enforcement community.
- Exposure from Biochemical substances