Section 36-8-8-12.5 - Determination of class of impairment(a) This section applies only to a fund member who:(1) is hired for the first time after December 31, 1989;(2) chooses coverage by this section and section 13.5 of this chapter under section 12.4 of this chapter; or(3) is described in section 12.3(c)(2) of this chapter.(b) At the same hearing where the determination of whether the fund member has a covered impairment is made, the local board shall determine the following: (1) Whether the fund member has a Class 1 impairment. A Class 1 impairment is a covered impairment that is the direct result of one (1) or more of the following: (A) A personal injury that occurs while the fund member is on duty.(B) A personal injury that occurs while the fund member is off duty and is responding to:
(i) an offense or a reported offense, in the case of a police officer; or(ii) an emergency or reported emergency for which the fund member is trained, in the case of a firefighter.(C) An occupational disease (as defined in IC 22-3-7-10). A covered impairment that is included within this clause and subdivision (2), including mental illnesses, shall be considered a Class 1 impairment.(D) A health condition caused by an exposure risk disease that results in a presumption of disability or death incurred in the line of duty under IC 5-10-13.(2) Whether the fund member has a Class 2 impairment. A Class 2 impairment is a covered impairment that is: (A) a duty related disease. A duty related disease means a disease arising out of the fund member's employment. A disease shall be considered to arise out of the fund member's employment if it is apparent to the rational mind, upon consideration of all of the circumstances, that:(i) there is a connection between the conditions under which the fund member's duties are performed and the disease;(ii) the disease can be seen to have followed as a natural incident of the fund member's duties as a result of the exposure occasioned by the nature of the fund member's duties; and(iii) the disease can be traced to the fund member's employment as the proximate cause; or(B) a health condition caused by: (i) an exposure related heart or lung disease;(ii) an exposure related cancer; or(iii) exposure related Parkinson's disease; that results in a presumption of disability incurred in the line of duty under IC 5-10-15.
(3) Whether the fund member has a Class 3 impairment. A Class 3 impairment is a covered impairment that is not a Class 1 impairment or a Class 2 impairment.Amended by P.L. 54-2020,SEC. 1, eff. 7/1/2020.As added by P.L. 311-1989, SEC.9. Amended by P.L. 213-1995, SEC.10; P.L. 185-2002, SEC.11; P.L. 62-2006, SEC.7; P.L. 59-2009, SEC.5.