§ 22-3-7-2 — Applicability; burden of proof; police and firefighter coverage

(a) Every employer and every employee, except
as stated in this chapter, shall comply with this chapter, requiring the
employer and employee to pay and accept compensation for
disablement or death by occupational disease arising out of and in the
course of the employment, and shall be bound thereby. The burden of
proof is on the employee. The proof by the employee of an element of
a claim does not create a presumption in favor of the employee with
regard to another element of the claim.
(b) This chapter does not apply to the following:
(1) A person who enters into an independent contractor agreement
with a nonprofit corporation that is recognized as tax exempt
under Section 501(c)(3) of the Internal Revenue Code (as defined
in IC 6-3-1-11(a)) to perform youth coaching services on a
part-time basis.
(2) A nonprofit corporation that is recognized as tax exempt under
Section 501(c)(3) of the Internal Revenue Code (as defined in IC 6-3-1-11(a)) to the extent the corporation enters into an
independent contractor agreement with a person for the
performance of youth coaching services on a part-time basis.
(c) This chapter does not apply to employees of municipal
corporations in Indiana who are members of:
(1) the fire department or police department of any such
municipality; and
(2) a firefighters' pension fund or a police officers' pension fund.
However, if the common council elects to purchase and procure
worker's occupational disease insurance to insure said employees with
respect to medical benefits under this chapter, the medical provisions
apply to members of the fire department or police department of any
such municipal corporation who are also members of a firefighters'
pension fund or a police officers' pension fund.
(d) When any municipal corporation purchases or procures worker's
occupational disease insurance covering members of the fire
department or police department who are also members of a
firefighters' pension fund or a police officers' pension fund and pays the
premium or premiums for the insurance, the payment of the premiums
is a legal and allowable expenditure of funds of any municipal
corporation.
(e) Except as provided in subsection (f), where the common council
has procured worker's occupational disease insurance as provided
under this section, any member of the fire department or police
department employed in the city carrying the worker's occupational
disease insurance under this section is limited to recovery of medical
and surgical care, medicines, laboratory, curative and palliative agents
and means, x-ray, diagnostic and therapeutic services to the extent that
the services are provided for in the worker's occupational disease
policy so procured by the city, and may not also recover in addition to
that policy for the same benefits provided in IC 36-8-4.
(f) If the medical benefits provided under a worker's occupational
disease policy procured by the common council terminate for any
reason before the police officer or firefighter is fully recovered, the
common council shall provide medical benefits that are necessary until
the police officer or firefighter is no longer in need of medical care.
(g) Nothing in this section affects the rights and liabilities of
employees and employers had by them prior to April 1, 1963, under
this chapter.
Formerly: Acts 1937, c.69, s.2; Acts 1963, c.388, s.1; Acts
1974, P.L.109, SEC.1. As amended by Acts 1981, P.L.11, SEC.126;
P.L.28-1988, SEC.49; P.L.217-1989, SEC.2; P.L.201-2005, SEC.6;
P.L.134-2006, SEC.8.