What is the heart presumption in California workers’ compensation law?
Heart conditions are presumed to be work-related for certain workers under California’s labor law.
Just about everyone probably thinks their job is stressful, but not everybody puts their life on the line every day they go to work. Police officers and firefighters have some of the most stressful jobs around, and every time they put on the uniform, they know there is a chance they won’t be making it home. Because of the dangers first responders face, the California Labor Code contains a special section of the law that recognizes they are more at risk of developing heart trouble. While anybody could theoretically develop a cardiac ailment due to conditions at work and be eligible for workers’ comp benefits because of it, police officers and firefighters benefit from a presumption that their illness is work-related, making it easier for them to claim workers’ comp.
California Labor Code 3212
California Labor Code 3212 says that a hernia, pneumonia or heart trouble that manifests during a period of service is presumed to arise out of and in the course of employment for covered employees. A covered employee with heart disease does not have to provide any other evidence proving the illness is work-related; the law presumes it is. Covered employees who benefit from the presumption include members of:
- A sheriff’s office
- The California Highway Patrol
- A district attorney’s staff of inspectors and investigators
- A city or county police department
- A city or county fire department
- The Department of Forestry and Fire Protection whose duties require active firefighting
- The Department of Fish and Game Wildlife Protection Branch warden service whose principal duties consist of active law enforcement
Labor Code 3212 specifically excludes workers whose principal duties are clerical or office work, such as stenographers or telephone operators.
The presumption extends past retirement
Heart trouble can develop over time and take years to display symptoms or show up during a routine medical checkup. California Labor Code 3212 recognizes this fact and extends the presumption past a covered individual’s period of employment. The extension equals three months for each full year of service up to a maximum of 60 months (five years) from the last date of service.
Not all heart conditions are “heart trouble”
The heart presumption in section 3212 covers “heart trouble” but does not define that term, and it has fallen to the California courts over the years to decide what heart conditions are and are not covered by the heart presumption. For instance, hypertension alone is generally not covered by the presumption. Some specific conditions that have been considered “heart trouble” include atrial fibrillation, enlarged heart, and cardiomyopathy.
Also, keep in mind that even if a heart condition is not covered by the presumption, that doesn’t mean it isn’t covered by workers’ compensation. The presumption only relieves the employee of the burden of proving that the condition is work-related. If you can prove that your heart condition was caused by the performance of your job, whether you are a first responder or not and whether the condition is covered by the presumption or not, you should still be able to receive workers’ compensation benefits. It’s just that proving your case will be more difficult.
The heart presumption can be disputed and overcome
Another important fact to remember is that the presumption is only a presumption. If you qualify for the presumption, your heart condition is presumed to arise out of and in the course of employment, and you don’t have to provide other evidence to prove your right to receive workers’ comp benefits. This presumption, however, can be disputed by your employer and overcome if they produce other evidence that shows the condition is not work-related. If this occurs, you’ll need to produce evidence and convince the fact-finder that the condition was indeed caused by the job.
A workers’ compensation attorney can help you make your case that your particular heart condition is “heart trouble” covered by the presumption. If your condition isn’t covered by the presumption or your employer disputes the presumption, your lawyer can build and present a case with other evidence in your favor to prove your illness developed in the line of duty. Contact an experienced workers’ compensation attorney who is familiar with cases involving California Labor Code 3212.
