Presumptions

Labor Code sections 3212 through 3213.2 cover the numerous conditions that the California Legislature says are presumed to be compensable by the workers’ comp system. The presumptions apply primarily to various public safety officers who are enumerated in each section, but one of the Covid-19 presumptions (section 3212.86) does apply to private sector workers as well. Multiple sections also cover the same condition(s) but the covered agencies and/or covered class of employees may be different.

Section 3212 covers hernias, heart troubles and pneumonia.

Section 3212.1 covers cancer, including leukemia.

Section 3212.15 applies to post-traumatic stress disorders and is due to sunset on January 1, 2025.

Section 3212.2 applies to heart troubles.

Section 3212.3 covers heart trouble and pneumonia.

Section 3212.4 covers heart trouble, hernias, or pneumonia.

Section 3212.5 applies to heart trouble or pneumonia.

Section 3212.6 covers tuberculosis.

Section 3212.7 covers heart trouble, hernias, pneumonia and tuberculosis.

Section 3212.8 covers blood-borne infectious diseases or methicillin-resistant staphylococcus aureus (MRSA) skin infections.

Section 3212.85 covers injuries due to exposure to biochemical substances.

Sections 3212.86, 3212.87 and 3212.88 cover Covid-19.

Section 3212.9 applies to meningitis.

Section 3212.10 covers heart trouble, pneumonia, tuberculosis, and meningitits.

Section 3212.11 applies to skin cancer.

Section 3212.12 covers Lyme disease.

Section 3213 covers heart trouble or pneumonia.

Section 3213.2 covers lower back injuries for police officers who are required to wear a duty belt.

Government Code sections 31720.7 and 31720.9 also include a MRSA and a biochemical exposure presumption respectively for certain county employees.