Indiana § 5-10-15-9 Presumption of disability in line of duty; rebutting of presumption

Indiana Statutes

§ 5-10-15-9 — Presumption of disability in line of duty; rebutting of presumption

Indiana·Title 5 STATE AND LOCAL ADMINISTRATION·Art. 10 PUBLIC EMPLOYEE BENEFITS·Ch. 15 Emergency and Public Safety Employee Disability

(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).

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(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).

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