This text of Indiana § 36-8-8-13.1 (Submission of determination of local board and safety board to system
director; medical examinations; initial determination; objections;
hearing; final order; appeals) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.
(a)If:
(1)the local board has determined under this chapter that a
covered impairment exists and the safety board has determined
that there is no suitable and available work within the department,
considering reasonable accommodation to the extent required by
the Americans with Disabilities Act; or
(2)the fund member has filed an appeal under section 12.7(o) of
this chapter;
the local board shall submit the local board's determinations and the
safety board's determinations to the system board's director.
(b)Whenever a fund member is determined to have an impairment
under section 12.7(i) of this chapter, the system board's director shall
initiate a review of the default award not later than sixty (60) days after
the director learns of the default award.
(c)After the system board's d
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1. (a) If:
(1) the local board has determined under this chapter that a
covered impairment exists and the safety board has determined
that there is no suitable and available work within the department,
considering reasonable accommodation to the extent required by
the Americans with Disabilities Act; or
(2) the fund member has filed an appeal under section 12.7(o) of
this chapter;
the local board shall submit the local board's determinations and the
safety board's determinations to the system board's director.
(b) Whenever a fund member is determined to have an impairment
under section 12.7(i) of this chapter, the system board's director shall
initiate a review of the default award not later than sixty (60) days after
the director learns of the default award.
(c) After the system board's director receives the determinations
under subsection (a) or initiates a review under subsection (b), the fund
member must submit to an examination by a medical authority selected
by the system board. The authority shall determine if there is a covered
impairment. With respect to a fund member who is covered by sections
12.5 and 13.5 of this chapter, the authority shall determine the degree
of impairment. The system board shall adopt rules to establish
impairment standards, such as the impairment standards contained in
the United States Department of Veterans Affairs Schedule for Rating
Disabilities. The report of the examination shall be submitted to the
system board's director. If a fund member refuses to submit to an
examination, the authority may find that no impairment exists.
(d) The system board's director shall review the medical authority's
report and the local board's determinations and issue an initial
determination within sixty (60) days after receipt of the local board's
determinations. The system board's director shall notify the local board,
the safety board, and the fund member of the initial determination. The
following provisions apply if the system board's director does not issue
an initial determination within sixty (60) days and if the delay is not
attributable to the fund member or the safety board:
(1) In the case of a review initiated under subsection (a)(1):
(A) the determinations of the local board and the chief of the
police or fire department are considered to be the initial
determination; and
(B) for purposes of section 13.5(d) of this chapter, the fund
member is considered to be totally impaired.
(2) In the case of an appeal submitted under subsection (a)(2), the
statements made by the fund member under section 12.7(o) of this
chapter are considered to be the initial determination.
(3) In the case of a review initiated under subsection (b), the
initial determination is the impairment determined under section
12.7(i) of this chapter.
(e) The fund member, the safety board, or the local board may
object in writing to the director's initial determination within fifteen
(15) days after the determination is issued. If no written objection is
filed, the initial determination becomes the final order of the system
board. If a timely written objection is filed, the system board shall issue
the final order after a hearing. Unless an administrative law judge
orders a waiver or an extension of the period for cause shown, the final
order shall be issued not later than one hundred eighty (180) days after
the date of receipt of the local board's determination or the date the
system board's director initiates a review under subsection (b). The
following provisions apply if a final order is not issued within the time
limit described in this subsection and if the delay is not attributable to
the fund member or the chief of the police or fire department:
(1) In the case of a review initiated under subsection (a)(1):
(A) the determinations of the local board and the chief of the
police or fire department are considered to be the final order;
and
(B) for purposes of section 13.5(f) of this chapter, the fund
member is considered to be totally impaired.
(2) In the case of an appeal submitted under subsection (a)(2), the
statements made by the fund member under section 12.7(o) of this
chapter are considered to be the final order.
(3) In the case of a review initiated under subsection (b), the
impairment determined under section 12.7(i) of this chapter is
considered to be the final order.
(f) If the system board approves the director's initial determination,
then the system board shall issue a final order adopting the initial
determination. The local board and the chief of the police or fire
department shall comply with the initial determination. If the system
board does not approve the initial determination, the system board may
receive additional evidence on the matter before issuing a final order.
(g) Appeals of the system board's final order may be made under IC 4-21.5.
(h) The transcripts, records, reports, and other materials compiled
under this section must be retained in accordance with the procedures
specified in section 12.7(p) of this chapter.
(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.