General Provisions
Cal. LAB § 3212.1
California Statutes
(
a) This
section applies to all of the following:
(1) Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments: (
A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision. (
B) A fire department of the University of California and the California State University. (
C) The Department of Forestry and Fire Protection. (
D) A county forestry or firefighting department or unit.
(2) Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters.
(3) Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with
Article 4 (commencing with
Section 13155) of
Chapter of Part of Division of the Health and Safety Code.
(4) Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under
Part 139 (commencing with
Section 139.1) of Subchapter G of
Chapter I of Title of the Federal Code of Regulations and are trained and certified by the State Fire Marshal as meeting the standards of Fire Control and
Section 139.319 of Title of the Federal Code of Regulations for injuries occurring on or after January 1, 2026.
(5) Peace officers, as defined in
Section 830.1, subdivision (
a) of
Section 830.2, and subdivisions (
a) and (
b) of
Section 830.37, of the Penal Code, who are primarily engaged in active law enforcement activities. (6) (
A) Fire and rescue services coordinators who work for the Office of Emergency Services. (
B) For purposes of this paragraph, “fire and rescue services coordinators” means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator. (
b) The term “injury,” as used in this division, includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (
a) is in the service of the department or unit, if the member demonstrates that they were exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director. (
c) The compensation that is awarded for cancer shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division. (
d) The cancer so developing or manifesting itself in these cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by evidence that the primary site of the cancer has been established and that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer. Unless so controverted, the appeals board is bound to find in accordance with the presumption.
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 months in any circumstance, commencing with the last date actually worked in the specified capacity. (
e) The amendments to this
section enacted during the portion of the 1999–2000 Regular Session shall be applied to claims for benefits filed or pending on or after January 1, 1997, including, but not limited to, claims for benefits filed on or after that date that have previously been denied, or that are being appealed following denial. (
f) This
section shall be known, and may be cited, as the William Dallas Jones Cancer Presumption Act of 2010.