CA 5th: 3212.2 Presumption Not Apply to City Employee

The Fifth Appellate District Court of California, in an unusual move, denied a Petition for Writ of Review with a written opinion (not certified for publication and thus not stare decisis) stating that the presumption of injury applicable to state correctional officers does not extend to municipal correctional facility employees.In Jones vs. WCAB (F043896, 1/29/04), Jones was a correctional officer at the City of Taft's Community Correctional Facility. He claimed a cumulative trauma injury to his cardiovascular and respiratory systems, psyche, hypertension and an aggravation of his diabetes. ...