2009 California Government Code - Section 19886-19886.2 :: Article 6. Firefighters

GOVERNMENT CODE
SECTION 19886-19886.2

19886.  As used in this article the term "firefighter of the state"
or "firefighter" shall be deemed to include a member of a fire
department or fire service of the state, including the University of
California, whether these members are volunteer, partly paid, or
fully paid, excepting those whose principal duties are clerical, such
as stenographers, telephone operators and other workers not engaged
in fire-suppression or rescue operations or the protection or
preservation of life or property. These firefighters shall be
regularly employed, or in the case of a volunteer, shall be regularly
enrolled as such.

19886.1.  Whenever any firefighter of the state dies or is disabled
from performing his or her duties as a firefighter by reason of his
or her proceeding to or engaging in a fire-suppression or rescue
operation, or the protection or preservation of life or property,
anywhere in this state, including the jurisdiction in which he or she
is employed, but is not at the time acting under the immediate
direction of his or her employer, he or she, or his or her
dependents, as the case may be, shall be accorded by his or her
employer all of the same benefits of the workers' compensation law,
which he, she, or they would have received had that firefighter been
acting under the immediate direction of his or her employer. Any
injury, disability or death incurred under the circumstances
described in this section shall be deemed to have arisen out of and
been sustained in the course of employment for purposes of workers'
compensation and all other benefits.

19886.2.  Nothing in this article shall be deemed to:
   (a) Require the extension of any benefits to a firefighter who at
the time of his or her injury, death, or disability is acting for
compensation from one other than the state.
   (b) Require the extension of any benefits to a firefighter
employed by the state where by state departmental regulation, whether
now in force or hereafter enacted or promulgated, the activity
giving rise to the injury, disability, or death, is expressly
prohibited.


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