Legal Question in Workers Comp in California

In California emergency services dispatchers are "non-sworn" and therefore do not fall into the category for presumptive illnesses, such as tuberculosis and staff infection. If as part of your job duties you are required to assist with jail intake searches and therefore are exposed to these possible conditions, what would be needed for the employee to be covered completely under workers comp. should they contract one of those illnesses?


Asked on 6/01/12, 10:47 am

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

A Medical-Legal report by a physician (signed under Labor Code 4628, so don't use the family physician, he won't have a clue) concluding that your only certain exposure to this infectious virus or bacteria was at work, and then the burden shifts to the employer to proof you got it on your private time...nearly impossible.

THE WAY to get a Medical-Legal report concluding this would be to provide this doctor (be it a Panel QME doc or an MPN Treating Physician) with documents proving the individual in custody was 'positive' for this infectious disease and that you were near enough to this individual for exposure, then you tested positive for the same infectious disease within the typical incubation period following exposure.

Sadly, this means you'll need to keep copies of records on all the diseased people you encounter moving through the system -- a simple photocopy will do -- because if you attempt to subpena these later the inmate's HIPA rights will keep you out of his disease records.

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Answered on 6/04/12, 9:59 am


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