General Provisions
Cal. LAB § 3212.85
California Statutes
(
a) This
section applies to peace officers described in Sections 830.1 to 830.5, inclusive, of the Penal Code, and members of a fire department. (
b) The term “injury,” as used in this division, includes illness or resulting death due to exposure to a biochemical substance that develops or occurs during a period in which any member described in subdivision (
a) is in the service of the department or unit. (
c) The compensation that is awarded for injury pursuant to this
section shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division. (
d) The injury that develops or manifests 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 other evidence. Unless 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) For purposes of this section, the following
definitions apply: (1) “Biochemical substance” means any biological or chemical agent that may be used as a weapon of mass destruction, including, but not limited to, any chemical warfare agent, weaponized biological agent, or nuclear or radiological agent, as these terms are defined in
Section of the Penal Code. (2) “Members of a fire department” includes, but is not limited to, an apprentice, volunteer, partly paid, or fully paid member of any of the following: (
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. (
E) Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters for injuries occurring on or after January 1, 2026. (
F) 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 for injuries occurring on or after January 1, 2026. (
G) 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