Download Blood Borne Infectious Disease Presumption GC §31720.7

PRESUMPTIONS … in a nutshell
BLOOD BORNE INFECTIOUS DISEASE PRESUMPTION GC §31720.7
A presumption is a statutory, or judicial rule of law by which the findings of a basic fact(s) gives
rise to the existence of a presumed fact, until the presumption is rebutted.
If all of the following prerequisites are met
the disease and incapacity are presumed
caused by employment
Blood Borne Disease:
Disease caused by pathogenic microorganism
in the blood
1. Member in a designated occupation
a. Safety members
b. Firefighters
c. County Probation Officers
d. Members in active law enforcement
To rebut the presumption of work causation:
• LACERA must prove the member did not
meet one or more of the prerequisites.
• Cannot rebut with proof of illness existing
prior to the manifestation of disease.
2. Member develops blood borne disease
3. Member becomes incapacitated for duty
4. Incapacity is caused by blood borne disease
5. Time limitation to develop disease not
exceeded
• The presumption is extended for 3
calendar months per year of service,
commencing with last day actually worked,
up to 5 years (except MRSA).
PRESUMPTION: BLOOD BORNE
COMMON BLOOD BORNE INFECTIOUS DISEASES
Methicillin Resistant Staphyloccus Aureus
(MRSA):
A contagious skin infection, contracted through
skin to skin contact, or from infected surfaces.
The bacteria can stay on a surface for weeks to
months. The portal of entry is cuts, lacerations
or broken skin, surgery, other non sterile,
invasive treatment. MRSA is frequently
contracted wherever there are crowded living
conditions, in public showers or Health Clubs,
from contaminated surfaces and linens, in
correctional facilities, jails, military, day care,
schools. MRSA is a common bacteria which is
resistant to most antibiotics.
The presumption is extended for 90 days from
the last day actually worked.
Hepatis B Virus (HBV):
Causes irritation and swelling (inflammation)
of the liver and can be spread through
contact, blood to blood or other body fluids
such as blood transfusions (not common in
the United States), direct contact with blood
in health care settings, sexual contact with an
infected person, tattoo or acupuncture with
unclean needles or instruments, shared
needles during drug use, shared personal
items. Persons with chronic hepatitis may
have no symptoms, even though gradual liver
damage may be occurring. Over time, some
people may develop symptoms of chronic
liver damage and cirrhosis of the liver.
Persons at risk may get a hepatitis B vaccine.
Human Immunodeficiency Virus (HIV):
Acquired Immunodeficiency Syndrome (AIDS) is
the late stage of HIV infection. It is a condition
in humans in which progressive failure of the
immune system allows life-threatening
opportunistic infections and cancers to thrive.
Sexual intercourse is the major mode of HIV
transmission. Other methods of transmittal are
blood to blood exposure, such as unsafe or
unsanitary injections. It is not spread by air,
water, insects, including mosquitoes, saliva,
tears, sweat, shaking hands or sharing dishes.
Hepatis C Virus (HCV):
HCV is the most common chronic bloodborne
infection in the United States. It involves
abnormal levels of liver enzymes and places
infected persons at risk for chronic liver
disease. The two most common exposures
associated with transmission of HCV, were
blood transfusion and injecting-drug use. The
chance of contracting HCV from a transfusion
these days is zero % in the U.S.
PRESUMPTION: BLOOD BORNE
GOVERNMENT CODE: SECTION 31720.7
(a) If a safety member, a firefighter, a county probation officer, or a member in active
law enforcement develops a blood-borne infectious disease or a methicillinresistant Staphylococcus aureus skin infection, the disease or skin infection so
developing or manifesting itself in those cases shall be presumed to arise out of,
and in the course of, employment. The blood-borne infectious disease or
methicillin-resistant Staphylococcus aureus skin infection so developing or
manifesting itself in those cases shall in no case be attributed to any disease or skin
infection existing prior to that development or manifestation.
(b) Any safety member, firefighter, county probation officer, or member active in law
enforcement described in subdivision (a) permanently incapacitated for the
performance of duty as a result of a blood-borne infectious disease or methicillinresistant Staphylococcus aureus skin infection shall receive a service-connected
disability retirement.
(c)
1) The presumption described in subdivision (a) is rebuttable by other
evidence. Unless so rebutted, the board is bound to find in accordance with
the presumption.
2) The blood-borne infectious disease presumption shall be extended to a
member following termination of service for a period of three calendar
months for each full year of the requisite service, but not to exceed 60
months in any circumstance, commencing with the last date actually
worked in the specified capacity.
3) Notwithstanding paragraph (2), the methicillin-resistant Staphylococcus
aureus skin infection presumption shall be extended to a member following
termination of service for a period of 90 days commencing with the last day
actually worked in the specified capacity.
(d) "Blood-borne infectious disease," for purposes of this section, means a disease
caused by exposure to pathogenic microorganisms that are present in human blood
that can cause disease in humans, including, but not limited to, those pathogenic
microorganisms defined as blood-borne pathogens by the Department of Industrial
Relations.
(e) "Member in active law enforcement," for purposes of this section, means members
employed by a sheriff's office, by a police or fire department of a city, county, city
and county, district, or by another public or municipal corporation or political
subdivision or who are described in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code or who are employed by any county forestry or
firefighting department or unit, except any of those members whose principal
duties are clerical or otherwise do not clearly fall within the scope of active law
enforcement services or active firefighting services, such as stenographers,
telephone operators and other office workers, and includes a member engaged in
active law enforcement who is not classified as a safety member.
PRESUMPTION: BLOOD BORNE