Section 3212.3 Of Chapter 1. General Provisions From California Labor Code >> Division 4. >> Part 1. >> Chapter 1.
3212.3
. In the case of a peace officer who is designated under
subdivision (a) of Section 2250.1 of the Vehicle Code and who has
graduated from an academy certified by the Commission on Peace
Officer Standards and Training, when that officer is 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 that officer is in the service
of the Department of the California Highway Patrol. The compensation
which is awarded for the heart trouble or pneumonia shall include
full hospital, surgical, medical treatment, disability indemnity, and
death benefits as provided by this division.
The heart trouble or pneumonia so developing or manifesting itself
shall be presumed to arise out of and in the course of the
employment. However, a peace officer of the Department of the
California Highway Patrol, as designated under subdivision (a) of
Section 2250.1 of the Vehicle Code, shall have served five years or
more in that capacity or as a peace officer with the former
California State Police Division, or in both capacities, 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.
The heart trouble or pneumonia so developing or manifesting itself
in these cases shall in no case be attributed to any disease
existing prior to that development or manifestation.
The term "peace officers" as used herein shall be limited to those
employees of the Department of the California Highway Patrol who are
designated as peace officers under subdivision (a) of Section 2250.1
of the Vehicle Code.