WCDefenseCA

Happy Wednesday dear readers!

You know what, dear readers?  Sometimes, your humble blogger is in a situation where he just has to be the bad guy.  Well, perhaps this is one of those situations, because one of the pieces of legislation snaking its way through Sacramento is Assembly Bill – 334, which will expand the list of presumptions for certain state and local government employee, namely active lifeguards and Department of Fish and Game and Department of Parks and Recreation employees.  Your humble blogger, bad guy that he is, disapproves of the ever-growing list of presumptions that almost always favor the applicant and rarely benefit the employer.

AB – 334 would make skin cancer “developing or manifesting” during the employment of active lifeguards and game wardens presumed to be industrial.  It includes the usual presumption language already offered to various other peace officers, including that “skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.”

All of these presumption laws have a simple function – the shift the cost of these maladies, such as skin cancer in the case of AB334, from the individual to the tax-payer.  Without the presumption, the lifeguards and game wardens could still get workers’ compensation for these conditions, but they would have to carry their burden of proving causation.  So, even if the skin cancer develops for non-industrial reasons, that cost will be borne by the taxpayers should AB334 become law.

Just one more thing to be aware of, dear readers, as the legislative landscape gets progressively bumpier for employers, public and private alike.

Straight on till Friday, dear readers!