Presumptive Disability Law in Indiana
CODE PART:
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
TITLE 36. Local Government
ARTICLE 8. Public Safety
Chapter 8. 1977 Police Officers’ and Firefighters’ Pension and Disability Fund
Section 12.5 Determination of Class of Impairment
Section 13.1 Submission of determination of local board and safety board to system director; medical examinations; initial determination; objections; hearing; final order; appeals
Chapter 8.3 Impairment Determination for Mental Illness
DESCRIPTION:
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 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 “Political subdivision”
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 5-10-15-8 “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
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.
IC 36-8-1-8 “Member of the fire department”
Sec.8.”Member of the fire department” means the fire chief or a fire fighter appointed to the department.
As added by Acts 1981, P.L.309, SE C.47.
IC 36-8-8-12.5
(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.
IC 36-8-8-13.1
(i) The system board may seek the assistance of the mental health disability review panel established under IC 36-8-8.3-4 in issuing an initial determination or a final order.
IC 36-8-8.3
Sec. 1. This chapter applies to a 1977 fund member who receives a final determination of an impairment for a mental health illness under IC 36-8-8-13.1 after December 31, 2012.
Sec. 2. As used in this chapter, “review panel” refers to a mental health disability review panel established under section 4 of this chapter.
Sec. 3. As used in this chapter, “system board” refers to the board of trustees of the Indiana public retirement system established by IC 5-10.5-3-1.
Sec. 4. (a) This chapter provides for the establishment of mental health disability review panels to review impairment determinations in the case of a mental health disability.
(b) A mental health disability review panel consists of:
(1) one (1) psychologist licensed under IC 25-33-1-5.1;
(2) one (1) psychiatrist licensed as a physician under IC 25-22.5; and
(3) one (1) active or retired police officer or firefighter who is a member of the 1977 fund, depending on the profession of the fund member being evaluated.
(c) A mental health disability review panel shall be selected by the system board.
(d) Compensation shall be determined by the system board.
(e) A mental health disability review panel established under this chapter is not a governing body under IC 5-14-1.5-2(b).
Sec. 5. (a) The final determination of an impairment for a mental illness is provisional for two (2) years:
(1) for a final determination made after June 30, 2020, from the date of the final determination by the system board under IC 36-8-8-13.1; or
(2) for a final determination made after December 31, 2012, and before July 1, 2020, beginning July 1, 2020.
(b) During the initial two (2) year provisional period, the fund member shall be subject to and responsible for active participation in a mental health treatment plan as determined by the fund member’s treating physician.
(c) The employer shall pay for the fund member’s mental health care and treatment relating to the disability during the initial two (2) year provisional period.
Sec. 6. (a) At the conclusion of the initial two (2) year provisional period described in section 5 of this chapter, a mental health disability review panel, as described in section 4 of this chapter, shall conduct a confidential evaluation of the fund member.
(b) The review panel:
(1) shall examine reports and records submitted by the fund member’s treating physician, and any other mental health care provider seen by the fund member; and
(2) may consult with other medical authorities; in conducting its confidential evaluation.
Sec. 7. (a) If the review panel determines the fund member is no longer impaired, the review panel shall notify the system board and the local board, and the fund member shall be returned to duty.
(b) If the review panel determines the fund member remains impaired consistent with the final disability determination, the fund member shall begin an additional two (2) year provisional period from the date of the review panel’s determination. The fund member shall continue to be subject to and responsible for active
participation in a mental health treatment plan as determined by the fund member’s treating physician.
(c) The employer shall continue to pay for the fund member’s mental health care and treatment relating to the disability during the second two (2) year provisional period.
Sec. 8. At the conclusion of the fund member’s second two (2) year provisional period, the review panel shall reevaluate the fund member. The review panel shall conduct its confidential reevaluation in the manner described in section 6(b) of this chapter.
Sec. 9. (a) If, after the second evaluation, the review panel determines the fund member is no longer impaired, the review panel shall notify the system board and the local board, and the fund member shall be returned to duty.
(b) If the review panel determines the fund member remains impaired consistent with the final disability determination, the fund member shall be determined to have a permanent impairment.
Sec. 10. The system board may, during the provisional periods described in sections 5 and 7 of this chapter, suspend a member’s disability benefit if the member fails to comply with reasonable requests by the review panel for information pursuant to its authority under this chapter.