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Indiana Code Title 36. Local Government § 36-8-8-12.5

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 12.5. (a) This section applies only to a fund member who:

(1) is hired for the first time after December 31, 1989;

(2) chooses coverage by this section and section 13.5 of this chapter under section 12.4 of this chapter;  or

(3) is described in section 12.3(c)(2) of this chapter.

(b) At the same hearing where the determination of whether the fund member has a covered impairment is made, the local board shall determine the following:

(1) Whether the fund member has a Class 1 impairment.  A Class 1 impairment is a covered impairment that is the direct result of one (1) or more of the following:

(A) A personal injury that occurs while the fund member is on duty.

(B) A personal injury that occurs while the fund member is off duty and is responding to:

(i) an offense or a reported offense, in the case of a police officer;  or

(ii) an emergency or reported emergency for which the fund member is trained, in the case of a firefighter.

(C) An occupational disease (as defined in IC 22-3-7-10).  A covered impairment that is included within this clause and subdivision (2), including mental illnesses, shall be considered a Class 1 impairment.

(D) A health condition caused by an exposure risk disease that results in a presumption of disability or death incurred in the line of duty under IC 5-10-13.

(2) Whether the fund member has a Class 2 impairment.  A Class 2 impairment is a covered impairment that is:

(A) a duty related disease.  A duty related disease means a disease arising out of the fund member's employment.  A disease shall be considered to arise out of the fund member's employment if it is apparent to the rational mind, upon consideration of all of the circumstances, that:

(i) there is a connection between the conditions under which the fund member's duties are performed and the disease;

(ii) the disease can be seen to have followed as a natural incident of the fund member's duties as a result of the exposure occasioned by the nature of the fund member's duties;  and

(iii) the disease can be traced to the fund member's employment as the proximate cause;  or

(B) a health condition caused by:

(i) an exposure related heart or lung disease;

(ii) an exposure related cancer;  or

(iii) exposure related Parkinson's disease;

that results in a presumption of disability incurred in the line of duty under IC 5-10-15.

(3) Whether the fund member has a Class 3 impairment.  A Class 3 impairment is a covered impairment that is not a Class 1 impairment or a Class 2 impairment.

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Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-8-8-12.5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-8-8-12-5/

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