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.
Structure Indiana Code
Title 5. State and Local Administration
Article 10. Public Employee Benefits
5-10-15-1. Application of Chapter
5-10-15-2. "At Risk for Occupational Exposure"
5-10-15-4. "Exposure Related Cancer"
5-10-15-5. "Exposure Related Heart or Lung Disease"
5-10-15-5.5. "Exposure Related Parkinson's Disease"
5-10-15-7. "Political Subdivision"
5-10-15-9. Presumption of Disability in Line of Duty; Rebutting of Presumption
5-10-15-10. Effect of Chapter on Determination of Eligibility for Disability Benefits