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-7— AB2052 <br /> 1 SEC.5. Section 3212.85 of the Labor Code is amended to read: <br /> 2 3212.85. (a) This section applies to-i.nditiduttls a peace officer <br /> 3 described in Chapter 4.5 (commencing with Section 830) of Title <br /> 4 3 of Part 2 of the Penal Code, a member of a fire <br /> 5 department. <br /> 6 (b) The term "injury," as used in this division, includes illness <br /> 7 or resulting death due to exposure to a biochemical substance that <br /> 8 develops or occurs during a period in which a..y . .e...Le. <br /> 9 individual a person described in subdivision (a) is in the service <br /> 10 of the department or unit. <br /> 11 (c) The compensation that is awarded for injury pursuant to this <br /> 12 section shall include full hospital, surgical, medical treatment, <br /> 13 disability indemnity, and death benefits, as provided by this <br /> 14 division. <br /> 15 (d) The injury that develops or manifests itself in these cases <br /> 16 shall be presumed to arise out of, and in the course of, the <br /> 17 employment. This presumption is disputable and may be <br /> 18 controverted by other evidence. Unless controverted, the appeals <br /> 19 board is bound to find in accordance with the presumption. This <br /> 20 presumption shall be extended to a person <br /> 21 described in subdivision (a) following termination of service for <br /> 22 a period of three calendar months for each full year of the requisite <br /> 23 service, but not to exceed 60 months in any circumstance, <br /> 24 commencing with the last date actually worked in the specified <br /> 25 capacity. <br /> 26 (e) For purposes of this section,the following definitions apply: <br /> 27 (1) "Biochemical substance"means any biological or chemical <br /> 28 agent that may be used as a weapon of mass destruction, including, <br /> 29 but not limited to, any chemical warfare agent, weaponized <br /> 30 biological agent, or nuclear or radiological agent, as these terms <br /> 31 are defined in Section 11417 of the Penal Code. <br /> 32 (2) "Ma..bw "Member of a fire department' includes, but is <br /> 33 not limited to, an apprentice, volunteer, partly paid, or fully paid <br /> 34 member of any of the following: <br /> 35 (A) A fire department of a city,county,city and county,district, <br /> 36 or other public or municipal corporation or political subdivision. <br /> 37 (B) A fire department of the University of California and the <br /> 38 California State University. <br /> 39 (C) The Department of Forestry and Fire Protection. <br /> 40 (D) A county forestry or firefighting department or unit. <br /> 98 <br />