[DOWNLOAD] "City And County Of San Francisco V. Workers' Compensation Appeals Board" by Supreme Court Of California ~ Book PDF Kindle ePub Free

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eBook details

• Title: City And County Of San Francisco V. Workers' Compensation Appeals Board
• Author : Supreme Court Of California
• Release Date : January 13, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 94 KB

Description

For nearly forty years, Labor Code section 3212.5 has provided that when a police officer who has been employed for five or more years develops "heart trouble," the condition is presumed, subject to rebuttal, to have arisen out of and in the course of his employment and thus to be compensable under the workers' compensation law. In 1959, the Legislature amended the section to provide that an employer may not rebut section 3212.5's presumption, and thus may not defeat an ailing police officer's workers' compensation claim, on the basis of evidence attributing the officer's heart trouble to a preexisting heart disease.*fn1 Although the 1959 amendment has been applied regularly by both the Workers Compensation Appeals Board (WCAB) and the California courts for almost two decades, in the instant case the City and County of San Francisco (hereafter employer) contends that this portion of the statute is invalid under distinct provisions of both the California and the

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