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

Sec. 9. (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:

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employee: means an individual who:
Indiana Code 5-10-15-3
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Executive session: A portion of the Senate's daily session in which it considers executive business.
exposure related cancer: refers to a cancer that is caused by a known carcinogen to which an individual is at risk for occupational exposure. See Indiana Code 5-10-15-4
exposure related heart or lung disease: refers to a disease or impairment of the cardiovascular or respiratory system caused by a substance or condition to which an individual is at risk for occupational exposure. See Indiana Code 5-10-15-5

(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).

As added by P.L.62-2006, SEC.1. Amended by P.L.59-2009, SEC.4.