§ 40:1668 — Benefits for disabled firemen and law enforcement officers in certain cases

§1668. Benefits for disabled firemen and law enforcement officers in certain cases
A. It is hereby declared to be the public policy of this state, under its police power,
to provide for certain benefits to firemen and law enforcement officers determined to be
permanently and totally disabled as the direct and proximate result of a catastrophic injury
arising out of and in the course of the performance of their official duties.
B. As used in this Section, the following words have the following meanings:
(1) "Board" means the Law Enforcement Officers and Firemen's Survivor Benefit
Review Board created and provided for in R.S. 40:1665.3.
(2) "Catastrophic injury" means an injury incurred on or after July 1, 2016, caused
by an individual having the specific intent to kill the officer who is engaged in the
performance of his official duties, the direct and proximate consequences of which, as
provided by clear and convincing evidence unaided by any presumption of disability, leaves
the officer permanently and totally disabled.
(3) "Law enforcement officer" means the following:
(a) All sheriffs and deputy sheriffs in the state employed on a full-time basis.
(b) All members of the state police employed on a full-time basis.
(c) All municipal police officers in the state employed on a full-time basis.
(d) All university and college police officers at state universities and colleges
employed on a full-time basis.
(4) "Officer" includes firemen as defined in R.S. 40:1665 and law enforcement
officers as defined in Paragraph (3) of this Subsection.
(5) "Permanently and totally disabled" means the officer is unable to engage in any
employment or self-employment on a full-time basis, regardless of the nature or character
of the employment or self-employment.
C.(1) In any case in which an officer is determined by the board or a court of
competent jurisdiction pursuant to Paragraph (E)(2) of this Section to be permanently and
totally disabled as the direct and proximate result of a catastrophic injury arising out of and
in the course of the performance of the officer's official duties, the following shall be paid
by the state risk director pursuant to R.S. 39:1533(A)(2) on behalf of the officer from the date
of the catastrophic injury as long as the officer is permanently and totally disabled:
(a)(i) Premiums due from the officer for the amount and type of life, health, accident,
accidental death and dismemberment, hospital, surgical, and medical expense insurance
covering the officer and maintained by the officer through the officer's employer at the time
of the catastrophic injury.
(ii) If the injured officer no longer qualifies under Item (i) of this Subparagraph,
premiums due for insurance that provides for life, health, accident, accidental death, and
dismemberment, hospitals, surgical, and medical expense insurance similar to that
maintained by the officer through his employer at the time of the catastrophic injury.
(iii) This Subparagraph shall not apply to any premium due from the officer for
insurance covering any individual other than the officer.
(b) Copayments, coinsurance, and deductibles applicable to any insurance policy for
which premiums are paid pursuant to Item (a)(i) or (ii) of this Paragraph for healthcare
benefits received by the officer.
(2) The premiums, deductibles, coinsurance, and copayments paid pursuant to this
Section shall be in addition to any other benefit or income available and paid to the injured
officer for the disability due to the catastrophic injury.
D.(1) In order to facilitate the operation of this Section, within one year after the
employing authority has knowledge of the permanent and total disability of an officer under
circumstances covered by this Section, the employing authority or officer shall notify the
Law Enforcement Officers and Firemen's Survivor Benefit Review Board of the disability,
the date of the catastrophic injury for which the disability is a result, the circumstances
surrounding the injury, and such other information as may be requested by the board.
(2) The officer seeking the benefits provided in this Section may notify the board
providing the information listed in Paragraph (1) of this Subsection.
(3) Nothing in this Section shall prevent the board from initiating proceedings before
being notified by the employing authority or officer.
E.(1) The board shall hear and decide by unanimous vote all claims for disability
benefits within sixty days after documentation is received. The board may request any
information necessary to make a determination of eligibility for disability benefits.
(2) Within ten days after the board has reached its decision, it shall notify the officer
of its decision by certified mail. If the board denies the claim, the officer shall have one year
from the date of denial to file suit against the state through the board in the parish where the
incident that brought about the permanent and total disability occurred. The date of denial
shall be calculated as one year from date of receipt of the decision from the board.
F. If the board determines the officer qualifies for the benefit payable under this
Section, the board shall notify the state risk director.
G. No benefit shall be payable pursuant to this Section if any of the following applies:
(1) The catastrophic injury was caused by the intentional misconduct of the officer
or by the officer's intention to bring about his death, disability, or injury.
(2) The officer was voluntarily intoxicated at the time of his catastrophic injury.
(3) The officer was performing his duties in a grossly negligent manner at the time
of his catastrophic injury.
(4) Repealed by Acts 2018, No. 656, §2, eff. June 1, 2018.
H. The board may adopt rules and regulations to implement the provisions of this
Section.

Legislative History

Acts 2017, No. 391, §2, eff. June 23, 2017; Acts 2018, No. 656, §1, 2, eff. June 1, 2018.