Workers' Compensation: respiratory illness: presumption.

Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law provides that in the case of active firefighting members of certain fire departments and in the case of certain peace officers, a compensable injury includes cancer that develops or manifests itself during the period when the firefighter or peace officer demonstrates that he or she was exposed while in the service of the public agency to a known carcinogen, as defined. Existing law establishes a presumption that the cancer in these cases arose out of, and in the course of, employment, unless the presumption is controverted, as specified. This bill would provide that in the case of specified active firefighting members, peace officers, and others, a respiratory illness or disease, including, among other things, occupational asthma and chronic obstructive pulmonary disease, is presumed to arise out of and in the course of employment, unless the presumption is controverted, as specified.