Section 3212.5 Of Chapter 1. General Provisions From California Labor Code >> Division 4. >> Part 1. >> Chapter 1.
3212.5
. In the case of a member of a police department of a city or
municipality, or a member of the State Highway Patrol, when any such
member is employed upon a regular, full-time salary, and in the case
of a sheriff or deputy sheriff, or an inspector or investigator in a
district attorney's office of any county, employed upon a regular,
full-time salary, the term "injury" as used in this division includes
heart trouble and pneumonia which develops or manifests itself
during a period while such member, sheriff, or deputy sheriff,
inspector or investigator is in the service of the police department,
the State Highway Patrol, the sheriff's office or the district
attorney's office, as the case may be. The compensation which is
awarded for such heart trouble or pneumonia shall include full
hospital, surgical, medical treatment, disability indemnity, and
death benefits as provided by the provisions of this division.
Such heart trouble or pneumonia so developing or manifesting
itself shall be presumed to arise out of and in the course of the
employment; provided, however, that the member of the police
department, State Highway Patrol, the sheriff or deputy sheriff, or
an inspector or investigator in a district attorney's office of any
county shall have served five years or more in such capacity before
the presumption shall arise as to the compensability of heart trouble
so developing or manifesting itself. 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
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.
Such heart trouble or pneumonia so developing or manifesting
itself in such cases shall in no case be attributed to any disease
existing prior to such development or manifestation.
The term "members" as used herein shall be limited to those
employees of police departments, the California Highway Patrol and
sheriffs' departments and inspectors and investigators of a district
attorney's office who are defined as peace officers in Section 830.1,
830.2, or 830.3 of the Penal Code.