Presumptive Injuries
Safety members may sustain injuries that are considered presumptive. Information regarding presumptive injuries can be found here.
A presumption is a fact assumed to be true under the law. There are certain injuries that are presumed to be caused by certain types of employment. Based on California Labor Code, California Safety Officers are entitled to a presumption in proving some types of work injuries. The City of San Diego has also enacted several presumptions for Lifeguards II and above through the City’s Memorandum of Understanding (MOU).
Presumptions can either be conclusive, meaning they cannot be disputed, or they can be rebuttable, meaning the presumption can be overcome if there’s other evidence.
Firefighter Presumptions
- Blood-Borne Infectious Disease (includes Hepatitis and MRSA).
- Biochemical Substances.
- Cancer including skin.
- Covid-19.
- Heart Trouble.
- Hernia.
- Lyme Disease.
- Meningitis.
- Pneumonia.
- Post-Traumatic Stress Disorder (PTSD).
- Tuberculosis.
Lifeguards II and Above Presumptions
- Blood-Borne Infectious Disease (includes Hepatitis and MRSA).
- Biochemical Substances.
- Covid-19.
- Hernia.
- Lyme Disease.
- Meningitis.
- Pneumonia.
- Skin Cancer.
- Tuberculosis.
Police Officer Presumptions
- Blood-Borne Infectious Disease (includes Hepatitis & MRSA).
- Biochemical Substances.
- Cancer including skin.
- Covid-19.
- Heart Trouble.
- Hernia.
- Low Back – duty belt.
- Lyme Disease.
- Meningitis.
- Pneumonia.
- Post-Traumatic Stress Disorder (PTSD).
- Tuberculosis.
Please reach out to your Claims Representative for additional information on whether your injury qualifies as one of the presumptions listed above.
If you are determined to be ineligible for a presumption, your injury may still be considered work-related even though it doesn’t meet the criteria for the presumption.