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—3— AB 2052 <br /> I require firefighting, and in the case of members of the warden <br /> 2 service of the Wildlife Protection Branch of the Department of <br /> 3 Fish and Game whose principal duties consist of active law <br /> 4 enforcement service, excepting those whose principal duties are <br /> 5 clerical or otherwise do not clearly fall within the scope of active <br /> 6 law enforcement service such as stenographers, telephone <br /> 7 operators, and other officeworkers, the term "injury" includes <br /> 8 pneumonia and heart trouble that develops or manifests itself <br /> 9 during a period while the member is in the service of the office, <br /> 10 staff,department,or unit. In the case of regular salaried <br /> 11 peace officers described in Chapter 4.5 (commencing with Section <br /> 12 830) of Title 3 of Part 2 of the Penal Code, the term "injury" also <br /> 13 includes any hernia that manifests itself or develops during a period <br /> 14 while the officer is in the service.The compensation that is awarded <br /> 15 for the hernia, heart trouble, or pneumonia shall include full <br /> 16 hospital, surgical, medical treatment, disability indemnity, and <br /> 17 death benefits, as provided by the workers'compensation laws of <br /> 18 this state. <br /> 19 The hernia, heart trouble, or pneumonia so developing or <br /> 20 manifesting itself in those cases shall be presumed to arise out of <br /> 21 and in the course of the employment. This presumption is <br /> 22 disputable and may be controverted by other evidence, but unless <br /> 23 so controverted. the appeals board is bound to find in accordance <br /> 24 with it.The presumption shall be extended to a member following <br /> 25 termination of service for a period of three calendar months for <br /> 26 each full year of the requisite service,but not to exceed 60 months <br /> 27 in any circumstance, commencing with the last date actually <br /> 28 worked in the specified capacity. <br /> 29 The hernia, heart trouble, or pneumonia so developing or <br /> 30 manifesting itself in those cases shall in no case be attributed to <br /> 31 any disease existing prior to that development or manifestation. <br /> 32 SEC. 2. Section 3212.1 of the Labor Code is amended to read: <br /> 33 3212.1. (a) This section applies to all of the following: <br /> 34 (1) Active firefighting members, whether volunteers, partly <br /> 35 paid, or fully paid, of all of the following fire departments: <br /> 36 (A) A fire department of a city,county,city and county,district, <br /> 37 or other public or municipal corporation or political subdivision. <br /> 38 (B) A fire department of the University of California and the <br /> 39 California State University. <br /> 40 (C) The Department of Forestry and Fire Protection. <br /> 98 <br />