Disability Retirement for Meningitis

New California Law Presumes Employment-Related Meningitis for Disability Retirement

At Cantrell Green, we understand the risks and challenges faced by our brave public safety personnel. These heroes put themselves on the line every day, and unfortunately, they can sometimes contract illnesses due to their work environment. Here at our Southern California law firm, our attorneys are dedicated to helping these brave men and women secure the disability retirement benefits they deserve.

And in some good legal news for public employees, a recent development in California law brings help for public safety officers and other covered employees who have been affected by meningitis resulting from their employment. Effective January 1, 2024, California Government Code § 31720.93 establishes a presumption that meningitis contracted by a public safety worker “automatically” qualifies as a work-related injury for disability retirement purposes.

What is Meningitis?

Meningitis is an inflammation of the meninges, the protective membranes surrounding the brain and spinal cord. It can be caused by viruses, bacteria, fungi, or parasites – , as well as non-infectious factors such as autoimmune disorders or certain medications. Symptoms can include fever, headache, stiff neck, nausea, vomiting, and confusion. Meningitis can be serious and even life-threatening, requiring immediate medical attention.

In cases of viral meningitis, the prognosis is generally favorable, with most individuals experiencing full recovery within a few weeks with appropriate medical care and supportive treatment to manage symptoms such as fever, headache, and neck stiffness.

Bacterial meningitis, on the other hand, is a more serious condition that requires prompt medical attention and aggressive treatment with antibiotics to prevent complications such as brain damage, hearing loss, or death. The prognosis for bacterial meningitis can vary depending on the specific bacteria involved, the individual’s age and overall health, and the timeliness of treatment.

Despite advances in medical care, meningitis can have long-term consequences that may impact an individual’s ability to work. Even after recovering from the acute phase of the infection, some individuals may experience lingering symptoms such as fatigue, cognitive difficulties, headaches, or mood changes that can interfere with daily activities, including work. In severe cases or when complications arise, such as neurological deficits or chronic pain, individuals may face prolonged recovery times or permanent disability that can prevent them from returning to work or performing job duties effectively.

Certain professions or workplaces may pose increased risks of exposure to infectious agents that can cause meningitis, such as healthcare settings, childcare facilities, or crowded living environments.

Professions Most at Risk for Work-Related Meningitis

Certain professions are more likely to be exposed to meningitis-causing pathogens due to the nature of their work. These include:

Firefighters and paramedics who may come into contact with bodily fluids during emergency response situations.
Law enforcement officers who might encounter individuals with contagious illnesses during arrests or other interactions.
Corrections officers working in confined spaces with a higher risk of infectious diseases.
Emergency medical service personnel who frequently treat patients with various illnesses.

Because it is contagious and transmitted through bodily fluids, almost any public safety worker is at risk of exposure. Individuals working in these environments may be at higher risk of contracting meningitis and may need to take precautions to prevent exposure, such as practicing good hand hygiene, receiving recommended vaccinations, and following infection control protocols.

Overall, the prognosis for meningitis can vary depending on individual circumstances and the specific cause of the infection. While many individuals recover fully with appropriate medical care, others may experience long-term complications that can impact their ability to work and lead to disability or reduced quality of life. It’s essential for individuals affected by meningitis to work closely with healthcare providers to manage symptoms, and to consult with a California disability retirement attorney, to ensure they receive the proper compensation.

New California Disability Retirement Law

Prior to this new law, public safety officers seeking disability retirement due to meningitis had to present substantial evidence to prove their illness originated from a work-related exposure. This could be a challenging process, often requiring extensive medical documentation and witness testimony.

California Government Code § 31720.93 simplifies the process by creating a “presumption”. This means that if a covered member suffers from meningitis and meets the eligibility criteria for disability retirement, it will be presumed that their illness arose out of and in the course of their employment.

In other words a public safety employee in California who comes down with meningitis does not have to “prove” that he or she contracted it while at work.

This presumption significantly reduces the burden of proof on the member seeking disability retirement benefits – and makes it much easier and much faster for a public safety employee with meningitis to collect disability retirement benefits.

Implications for Public Safety Personnel

This new law is a significant win for public safety personnel in California. It streamlines the disability retirement process for those who contract meningitis while on the job, making it easier for them to obtain the financial support they need during a difficult time.

But while the presumption is a positive step, it’s important to understand some potential limitations and challenges:

1. To begin with the presumption that the meningitis was contracted at work is “rebuttable”. This means that the employer or retirement board can still present evidence to overcome the presumption and argue that the meningitis did not arise from work.
2. And of course, disability retirement eligibility requirements still apply. Members must meet the service requirements and disability criteria established for disability retirement.

So, while the new presumption that meningitis is work-related does benefit sickened public safety personnel, collecting disability retirement is never “iron clad” or a sure thing.  That is why it is so important to consult with a California disability retirement attorney if your benefits are being questioned, reduced, or denied.

California Disability Retirement Attorneys

If you are a public safety officer who has contracted meningitis or another work-related illness or injury, the  experienced disability retirement attorneys at Cantrell Green are here to help you. Our experienced California disability retirement attorneys can guide you through the process, explain your rights under the new law, and assist you in gathering and presenting the necessary evidence to secure the maximum benefits for which you qualify.

California Disability Retirement Attorneys: 562-622-4800

Disclaimer: Every Public Employee Retirement System is different. This article is for general informational purposes only, and may or may not reflect the rules, laws or regulations governing how your specific public retirement systems is administered. If you have question about a specific California public employee retirement system, find your system, below – or call our attorneys at: 562-622-4800