Any injury, which is due to a hostile or overt act or an act caused by another during the performance of duties which are considered dangerous in nature, received by any state police employee while on assignment, patrol, or duty that requires that the employee be hospitalized or to the extent that the employee is unable to perform normal or routine duties shall not be charged against earned sick leave or annual leave, and during such time the employee shall remain on the payroll. The commissioner of safety shall make the final determination as to whether the injury received is in line of duty and due to a hostile or overt act or an act caused by another during the performance of duties which are considered dangerous in nature, and the commissioner’s decision is final, subject to approval of governor and council.