Presumption of disability in line of duty; rebutting of

Ind. Code § 5-10-15-9, under Chapter 15. Emergency and Public Safety Employee Disability From Certain Cancers or Heart or Lung Disease Presumed Incurred in the Line of Duty.

Ind. Code § 5-10-15-9

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: (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.