3212
. In the case of members of a sheriff's office or the
California Highway Patrol, district attorney's staff of inspectors
and investigators or of police or fire departments of cities,
counties, cities and counties, districts or other public or municipal
corporations or political subdivisions, whether those members are
volunteer, partly paid, or fully paid, and in the case of active
firefighting members of the Department of Forestry and Fire
Protection whose duties require firefighting or of any county
forestry or firefighting department or unit, whether voluntary, fully
paid, or partly paid, and in the case of members of the warden
service of the Wildlife Protection Branch of the Department of Fish
and Game whose principal duties consist of active law enforcement
service, excepting those whose principal duties are clerical or
otherwise do not clearly fall within the scope of active law
enforcement service such as stenographers, telephone operators, and
other officeworkers, the term "injury" as used in this act includes
hernia when any part of the hernia develops or manifests itself
during a period while the member is in the service in the office,
staff, division, department, or unit, and in the case of members of
fire departments, except those whose principal duties are clerical,
such as stenographers, telephone operators, and other officeworkers,
and in the case of county forestry or firefighting departments,
except those whose principal duties are clerical, such as
stenographers, telephone operators, and other officeworkers, and in
the case of active firefighting members of the Department of Forestry
and Fire Protection whose duties require firefighting, and in the
case of members of the warden service of the Wildlife Protection
Branch of the Department of Fish and Game whose principal duties
consist of active law enforcement service, excepting those whose
principal duties are clerical or otherwise do not clearly fall within
the scope of active law enforcement service such as stenographers,
telephone operators, and other officeworkers, the term "injury"
includes pneumonia and heart trouble that develops or manifests
itself during a period while the member is in the service of the
office, staff, department, or unit. In the case of regular salaried
county or city and county peace officers, the term "injury" also
includes any hernia that manifests itself or develops during a period
while the officer is in the service. The compensation that is
awarded for the hernia, heart trouble, or pneumonia shall include
full hospital, surgical, medical treatment, disability indemnity, and
death benefits, as provided by the workers' compensation laws of
this state.
The hernia, heart trouble, or pneumonia so developing or
manifesting itself in those cases shall be presumed to arise out of
and in the course of the employment. 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. The 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.
The hernia, heart trouble, or pneumonia so developing or
manifesting itself in those cases shall in no case be attributed to
any disease existing prior to that development or manifestation.