This text of Louisiana § 40:1665.1 (Financial security for surviving spouses and children of firemen and law) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§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 a
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§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.