RS 1665.1 - Financial security for surviving spouses and children of firemen and law enforcement officers; death by heart attack or stroke; presumption
A. In addition to the qualifying events enumerated in R.S. 40:1665 and 1665.2, a fireman or law enforcement officer, as defined in R.S. 40:1665.2(B) whose death is the direct and proximate result of a heart attack or a stroke shall be presumed to have died as the direct and proximate result of an injury sustained in the performance of his official duties for the purposes of R.S. 40:1665 and 1665.2 if:
(1) While on duty, the fireman or law enforcement officer engaged in an activity which was stressful or physical including but not limited to fire suppression, rescue, hazardous material response, foot pursuits, use of force encounters, hostage and victim rescues, tactical missions, emergency medical services, disaster relief, or other emergency response activity, or participated in a training exercise that involved stressful or strenuous physical activity.
(2) The fireman or law enforcement officer died as a result of a heart attack or stroke suffered while engaging or participating, or on duty after engaging or participating, in the activities or exercises described in Paragraph (1) of this Subsection or no later than twenty-four hours after engaging or participating in the activities or exercises described in Paragraph (1) of this Subsection.
B. The presumption created by this Section shall be irrebuttable despite medical evidence to the contrary.
C. The surviving spouse and children of a fireman or law enforcement officer whose death meets the requirements under Subsection A of this Section shall be eligible for the payment of benefits enumerated in R.S. 40:1665 for firemen or R.S. 40:1665.2 for law enforcement officers.
D. Payment of benefits pursuant to this Section shall be made according to the provisions of R.S. 40:1665 and 1665.2 and shall be subject to review by the Law Enforcement Officers and Firemen's Survivor Benefit Review Board.
E. Payments pursuant to this Section shall be made by the state risk manager from the Self-Insurance Fund provided for in R.S. 39:1533.
Acts 2014, No. 246, §1; Redesignated from R.S. 33:1981.1. See Acts 2014, No. 158, §§3 and 7; Acts 2021, No. 171, §1.