Section 3600.4 Of Chapter 3. Conditions Of Compensation Liability From California Labor Code >> Division 4. >> Part 1. >> Chapter 3.
3600.4
. (a) Whenever any firefighter of a city, county, city and
county, district, or other public or municipal corporation or
political subdivision, or any firefighter employed by a private
entity, 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 local 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 which he or 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:
(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 city, county, city and county,
district, or other public or municipal corporation or political
subdivision, or private entity, of his or her primary employment or
enrollment.
(2) Require the extension of any benefits to a firefighter
employed by a city, county, city and county, district, or other
public or municipal corporation or political subdivision, or private
entity, which by charter, ordinance, departmental regulation, or
private employer policy, whether now in force or hereafter enacted or
promulgated, expressly prohibits the activity giving rise to the
injury, disability, or death. However, this paragraph shall not apply
to relieve the employer from liability for benefits for any injury,
disability, or death of a firefighter when the firefighter is acting
pursuant to Section 1799.107 of the Health and Safety Code.