2016 Indiana Code TITLE 5. STATE AND LOCAL ADMINISTRATION ARTICLE 10. PUBLIC EMPLOYEE BENEFITS CHAPTER 15. EMERGENCY AND PUBLIC SAFETY EMPLOYEE DISABILITY FROM CERTAIN CANCERS OR HEART OR LUNG DISEASE PRESUMED INCURRED IN THE LINE OF DUTY
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IC 5-10-15
Chapter 15. Emergency and Public Safety Employee
Disability From Certain Cancers or Heart or Lung Disease
Presumed Incurred in the Line of Duty
IC 5-10-15-1
Application of chapter
Sec. 1. This chapter does not apply to an individual who, at any
time during the individual's employment by the state or a political
subdivision of the state as:
(1) a member of a fire department (as defined in IC 36-8-1-8);
(2) an emergency medical services provider (as defined in
IC 16-41-10-1); or
(3) a member of a police department (as defined in
IC 36-8-1-9);
used tobacco products in any form in the five (5) years before the
time the individual is diagnosed under section 9(a) of this chapter.
As added by P.L.62-2006, SEC.1. Amended by P.L.109-2015,
SEC.21.
IC 5-10-15-2
"At risk for occupational exposure"
Sec. 2. As used in this chapter, "at risk for occupational exposure"
means that an individual incurs risk in performing the basic duties of
the individual's employment, including:
(1) providing emergency medical treatment in a nonhealth care
setting where there is a potential for contact with;
(2) working at the scene of an accident, a fire, or another rescue
or public safety operation, or working in an emergency rescue
vehicle or a public safety vehicle, during which the individual
has contact with;
(3) engaging in the pursuit, apprehension, and arrest of law
violators, during which the individual may be exposed to; or
(4) maintaining custody and physical restraint of prisoners or
inmates of a prison, a jail, or another criminal detention facility
during which the individual may be exposed to;
a known carcinogen, or a substance or condition that adversely
affects an individual's cardiovascular, neurological, or respiratory
system.
As added by P.L.62-2006, SEC.1. Amended by P.L.59-2009, SEC.1.
IC 5-10-15-3
"Employee"
Sec. 3. As used in this chapter, "employee" means an individual
who:
(1) is employed full time by the state or a political subdivision
of the state as:
(A) a member of a fire department (as defined in
Indiana Code 2016
IC 36-8-1-8);
(B) an emergency medical services provider (as defined in
IC 16-41-10-1); or
(C) a member of a police department (as defined in
IC 36-8-1-9);
(2) in the course of the individual's employment, is at risk for
occupational exposure; and
(3) is not employed elsewhere by the state or a political
subdivision of the state in a similar capacity.
As added by P.L.62-2006, SEC.1.
IC 5-10-15-4
"Exposure related cancer"
Sec. 4. As used in this chapter, "exposure related cancer" refers
to a cancer that is caused by a known carcinogen to which an
individual is at risk for occupational exposure.
As added by P.L.62-2006, SEC.1.
IC 5-10-15-5
"Exposure related heart or lung disease"
Sec. 5. As used in this chapter, "exposure related heart or lung
disease" refers to a disease or impairment of the cardiovascular or
respiratory system caused by a substance or condition to which an
individual is at risk for occupational exposure.
As added by P.L.62-2006, SEC.1.
IC 5-10-15-5.5
"Exposure related Parkinson's disease"
Sec. 5.5. As used in this chapter, "exposure related Parkinson's
disease" refers to Parkinson's disease that is caused by a toxin or
head trauma:
(1) known to increase the risk for the development of
Parkinson's disease; and
(2) to which an individual is at risk for occupational exposure.
As added by P.L.59-2009, SEC.2.
IC 5-10-15-6
"Known carcinogen"
Sec. 6. As used in this chapter, "known carcinogen" refers to a
substance or agent the exposure to which is recognized by:
(1) the International Agency for Research on Cancer; or
(2) the National Institute for Occupational Safety and Health;
as creating a high risk for the development of cancer.
As added by P.L.62-2006, SEC.1.
IC 5-10-15-7 Version a
"Political subdivision"
Note: This version of section effective until 1-1-2017. See also
Indiana Code 2016
following version of this section, effective 1-1-2017.
Sec. 7. As used in this chapter, "political subdivision" has the
meaning set forth in IC 6-3.5-2-1.
As added by P.L.62-2006, SEC.1.
IC 5-10-15-7 Version b
"Political subdivision"
Note: This version of section effective 1-1-2017. See also
preceding version of this section, effective until 1-1-2017.
Sec. 7. As used in this chapter, "political subdivision" means a
county, township, town, city, separate municipal corporation, special
taxing district, or public school corporation.
As added by P.L.62-2006, SEC.1. Amended by P.L.197-2016, SEC.3.
IC 5-10-15-8
"Substance or condition that adversely affects an individual's
cardiovascular, neurological, or respiratory system"
Sec. 8. As used in this chapter, "substance or condition that
adversely affects an individual's cardiovascular, neurological, or
respiratory system" refers to a substance or condition the exposure
to which is recognized by the National Institute for Occupational
Safety and Health as creating a high risk for the development of
heart, lung, or Parkinson's disease.
As added by P.L.62-2006, SEC.1. Amended by P.L.59-2009, SEC.3.
IC 5-10-15-9
Presumption of disability in line of duty; rebutting of presumption
Sec. 9. (a) An employee or former employee who:
(1) is diagnosed with an exposure related cancer, exposure
related heart or lung disease, or exposure related Parkinson's
disease that:
(A) requires medical treatment; or
(B) results in total or partial disability; and
(2) at the time of the diagnosis:
(A) is actively employed; or
(B) has terminated employment not more than sixty (60)
months earlier;
is presumed to have a disability incurred in the line of duty.
(b) The presumption described in subsection (a) may be rebutted
by competent evidence.
(c) A meeting or hearing held to rebut the presumption described
in subsection (a) may be held as an executive session under
IC 5-14-1.5-6.1(b)(1).
As added by P.L.62-2006, SEC.1. Amended by P.L.59-2009, SEC.4.
IC 5-10-15-10
Effect of chapter on determination of eligibility for disability
benefits
Indiana Code 2016
Sec. 10. This chapter does not affect the requirements for
determining eligibility for disability benefits provided by the state or
a political subdivision of the state except to the extent of determining
whether an employee incurred a disability in the line of duty.
As added by P.L.62-2006, SEC.1.
Indiana Code 2016
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