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Presumptive Disability Law in Indiana
 
CODE PART:
 
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
IC 5-10-15

Indiana Legislative Website
 
 
DESCRIPTION:
 
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); uses tobacco products in any form in the last five (5) years.
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 or respiratory system.
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.

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.

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.
Sec. 8.
As used in this chapter, "substance or condition that adversely affects an individual's cardiovascular 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 or lung disease.

Sec. 9.
  1. An employee or former employee who:
    1. is diagnosed with an exposure related cancer or exposure related heart or lung disease that:
      1. requires medical treatment; or
      2. results in total or partial disability; and
    2. at the time of the diagnosis:
      1. is actively employed; or
      2. has terminated employment not more than sixty (60) months earlier; is presumed to have a disability incurred in the line of duty.
  2. The presumption described in subsection (a) may be rebutted by competent evidence.
  3. 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).
 
 
 
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Copyright 2014 International Association of Fire Fighters.  Last Modified:  4/24/2014