Job Exposure to Carcinogens May Provide Presumption of Industrial Causation for County Safety Members

Safety members of a County Retirement Act system such as Orange County, San Bernardino County, Los Angeles County, Ventura County and other County Act Associations within the State of California, that develop cancer may apply the statutory presumption that the cancer is caused by job exposure.

What Needs to Proven by the County Safety Member?

The safety member must prove the following before the presumption applies:

1.  Is a Safety Member under the law such as a Deputy Sheriff or Firefighter, or member in active law enforcement.
2. The Safety Member is a member of a contributory plan – qualifying pension system.
3. The Safety Member has completed at least five years of service with the County.
4. The Safety Member must have Substantial Medical Evidence of having actual cancer.
5. The Safety Member’s cancer does permanently incapacitate (disable) the member from their safety job.  
6. The Safety Member must show actual exposure to a “known carcinogen” on the job. The known carcinogen must be listed on the “International Agency for Research on Cancer” or “Department of Industrial Relations” for the type of cancer. The member must demonstrate that they have been exposed to the named the carcinogen on the job. (When and Where)
7. The Safety Member must show that the cancer developed/manifested on the job or within the statutory time frame. (Extended for 3 calendar months for each full year of service, up to a maximum of 5 years, after the last date actually worked in the safety capacity.   

When the Safety Member has met the criteria then it is presumed that the cancer was caused by the member’s job.

The Presumption May Be Rebutted

The Presumption may be rebutted (overcome) if the Safety Member fails to prove any of the criteria or the Retirement System proves against the Safety Member that the carcinogen that the member was exposed to is not reasonably linked to the cancer and the primary cancer site is established.  The Retirement System must prove both.                                                                                                                  

https://www.seba.com/

• https://porac.org/2017/08/cancer-presumption-attack/