Presumption of Disability in Line of Duty; Rebutting of Presumption

  1. Law
  2. Indiana Code
  3. State and Local Administration
  4. Public Employee Benefits
  5. Emergency and Public Safety Employee Disability From Certain Cancers or Heart or Lung Disease Presumed Incurred in the Line of Duty
  6. Presumption of Disability in Line of Duty; Rebutting of Presumption

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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.


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