Section 3600.1 Of Chapter 3. Conditions Of Compensation Liability From California Labor Code >> Division 4. >> Part 1. >> Chapter 3.
3600.1
. (a) Whenever any firefighter of the state, as defined in
Section 19886 of the Government Code, is injured, dies, or is
disabled from performing his or her duties as a firefighter by reason
of his or her proceeding to or engaging in a fire-suppression or
rescue operation, or the protection or preservation of life or
property, anywhere in this state, including the jurisdiction in which
he or she is employed, but is not at the time acting under the
immediate direction of his or her employer, he or she or his or her
dependents, as the case may be, shall be accorded by his or her
employer all of the same benefits of this division that he, she, or
they would have received had that firefighter been acting under the
immediate direction of his or her employer. Any injury, disability,
or death incurred under the circumstances described in this section
shall be deemed to have arisen out of, and been sustained in, the
course of employment for purposes of workers' compensation and all
other benefits.
(b) Nothing in this section shall be deemed to do either of the
following:
(1) Require the extension of any benefits to a firefighter who, at
the time of his or her injury, death, or disability, is acting for
compensation from one other than the state.
(2) Require the extension of any benefits to a firefighter
employed by the state where by departmental regulation, whether now
in force or hereafter enacted or promulgated, the activity giving
rise to the injury, disability, or death is expressly prohibited.
(c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5 of the Government Code, the memorandum of
understanding shall be controlling without further legislative
action, except that if the provisions of a memorandum of
understanding require the expenditure of funds, the provisions shall
not become effective unless approved by the Legislature in the annual
Budget Act.