California Highway Patrol and Workers' Compensation Presumptions

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As with most safety personnel, highway patrol officers have multiple presumptions, and if you have an a medical diagnosis, it may be related to work and you may not be aware of it.  It’s important to understand your rights especially if you are coming up on retirement.

Heart Trouble Presumption 

Labor Code 3212.3

To be eligible for the heart presumption, you must be employed at a regular full-time salary, must have served for five years or more, must have graduated from an academy certified by the commission for Peace Officer Standards and Training, and must fit into the classification of Vehicle Code 2250.1.

Labor Code 3212.5

To be eligible for the heart presumption, you must be employed at a regular full-time salary, must have served for five years or more, and must fit the definition of a peace officer under Penal Code 830.1, 830.2 or 830.3

Pneumonia Presumption

Labor Code 3212.3

To be eligible for the pneumonia presumption, you must be employed at a regular full-time salary, must have graduated from an academy certified by the commission for Peace Officer Standards and Training, and must fit into the classification of Vehicle Code 2250.1.

Labor Code 3212.5

To be eligible for the pneumonia presumption, you must be employed at a regular full-time salary and must fit the definition of a peace officer under Penal Code 830.1, 830.2 or 830.3

Hernia Presumption

Labor Code 3212

As a volunteer, partly paid, or full paid officer, you are eligible for this presumption.

Tuberculosis Presumption 

Labor Code 3212.6

If your principal duty is active law enforcement, you’re eligible for this presumption.

Meningtis Presumption

Labor Code 3212.9

If your principal duty is active law enforcement, and you are regular, full-time salaried officer, you’re eligible for this presumption.

Low Back Presumption

Labor Code 3213.2

To be eligible for the low back presumption, you must be employed at a regular full-time salary, must have served for five years or more, and required to wear a duty belt as a condition of employment, then you’re eligible for this presumption.

Bloodborne Disease / MRSA Presumption 

Labor Code 3213.8

If you volunteer, are partly paid or fully paid positions and fit the definition described in Chapter 4.5 of Title 3 of part 2 of the Penal Code, this presumption applies.

Cancer Presumption

Labor Code 3212.1

If your principal duty is law enforcement, and you demonstrate you were exposed while in the service of the department or unit known to be around the carcinogen defined by the International Agency for Research on Cancer or as defined by the director, this presumption applies.

Biochemical Exposure Presumption

Labor Code 3212.85

If you are a peace officer under Penal Code 830.1-830.5, then you are eligible for this presumption.

As you know, many of these requirements are “automatic” as a California Highway Patrol officer; in some cases, the facts of a case make us “dig into the weeds” to be sure the presumption applies, however, in most cases we know it right up front.