Massachusetts General Laws
Chapter 21a - Executive Office of Energy and Environmental Affairs
Section 10j - Incapacity of Environmental Police Officer Due to Injuries Sustained in Performance of Duties; Leave Without Loss of Pay

Section 10J. (a) Whenever an environmental police officer of the office of law enforcement is incapacitated and unable to perform the duties of such an officer because of injuries sustained in the performance of the environmental police officer's duties, without the fault of the officer, the injured officer shall be granted leave without loss of pay for the period of the officer's incapacity; provided, however, that such leave shall not be granted for any period after the injured officer has retired or been pensioned in accordance with the law or for any period after a physician designated by the director of law enforcement determines that the incapacity no longer exists. All amounts payable pursuant to this section shall be paid at the same time and in the same manner as the regular compensation of the injured officer and for all purposes shall be deemed to be the officer's regular compensation.
(b) When the injury causing the incapacity of an environmental police officer, for which that officer is granted a leave without loss of pay and is paid compensation in accordance with this section, was caused by circumstances creating a legal liability requiring a person to pay damages in respect thereof, either the injured officer or the office paying the compensation may enforce the liability of the person in any court of competent jurisdiction. The sum recovered shall be for the benefit of the office paying the compensation, unless the sum is greater than the compensation paid to the injured officer, in which event the excess shall be retained by or paid to the injured officer. For the purposes of this section, the term ''excess'' shall mean the amount by which the total sum received in payment for the injury, exclusive of interest and costs, exceeds the amount paid pursuant to this section as compensation to the injured officer. The party bringing the action shall be entitled to any costs recovered by that party. Any interest received in the action shall be apportioned between the office and the injured officer in proportion to the amounts received by them respectively, inclusive of interest and costs. The expense of attorney's fees shall be divided between the office and the injured officer in proportion to the amounts received by them respectively.
(c) Whoever intentionally or negligently injures an environmental police officer for which the officer is granted a leave without loss of pay and is paid compensation in accordance with this section shall be liable in tort to the office paying such compensation for all costs incurred by that office in replacing the injured officer that in excess of the amount of compensation so paid.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title II - Executive and Administrative Officers of the Commonwealth

Chapter 21a - Executive Office of Energy and Environmental Affairs

Section 1 - Creation; Secretary; Acting Secretary; Undersecretary

Section 2 - Duties and Functions; Inter-Agency Information, Services and Plans; Filing Applications; Core Administrative Functions

Section 2a - Compromise or Settlement of Claims for Damages for Injury and for Destruction or Loss of Natural Resources; Authority of Secretary

Section 3 - Functions of Secretary; Report

Section 4 - Powers and Duties of Secretary

Section 4a - Coastal Zone Management Office

Section 4c - Ocean Management Plan; Ocean Advisory Commission; Ocean Science Advisory Council; Duties of Secretary

Section 5 - Program Review Boards; Appointment; Reports; Expenses

Section 6 - Experts and Assistants; Appointment; Qualifications; Classified Employees; Tenure

Section 7 - Departments; Commissioners, Appointment, Removal, Qualifications, Functions, Salary

Section 7b - State Geologist

Section 8 - Organization of Departments; Powers, Duties and Functions

Section 8a - Water Resources Commission; Members; Terms

Section 8b - Chairman; Duties of Commission

Section 8c - Water Supply Policy Statement; Update and Report

Section 8d - Rules and Regulations

Section 8e - Director; Staff

Section 8f - Meetings; Expenses; per Diem

Section 9 - Grants and Gifts; Expenditure; Records

Section 10a - Office of Law Enforcement; Director; Deputies; Environmental Police Officers; Rules and Regulations

Section 10b - Enforcement of Penal Laws

Section 10c - Authority of Officers

Section 10d - Uniforms; Badges; Fine for Unlawful Use

Section 10e - Entry on Private Land; Disposition of Animals

Section 10f - Rules and Regulations; Hours and Pay for Boat Based and Land Based Personnel; Assignments

Section 10g - Requests for Name and Address; Penalties for Refusal to Provide Information; Notices of Violations; Appearances and Payment of Fines; Seizure and Forfeitures

Section 10h - Fines for Categories of Violations

Section 10i - Surcharge Added on Fines for Violations Under Chapter 21a When Complaining Officer Is Environmental Police Officer or Deputy Environmental Police Officer

Section 10j - Incapacity of Environmental Police Officer Due to Injuries Sustained in Performance of Duties; Leave Without Loss of Pay

Section 11 - Boating Safety Advisory Board

Section 11a - Bicycle and Pedestrian Advisory Board

Section 11b - Public Access Board; Composition; Meetings; Designation of Public Access Points; Regulations; Purchase of Equipment

Section 11c - Prohibition on Alteration or Pollution of Rivers and Streams; Scenic and Recreational Classifications; Restraint of Violations; Unreasonable Use Restriction Petitions; Uncompensated Taking Hearings; Damages

Section 12 - Rules and Regulations; Adoption; Review

Section 13 - State Environmental Code; Adoption; Preparation of Sewage Disposal Systems; Enforcement of Code

Section 13a - System Inspectors of On-Site Sewage Disposal Systems; Penalty

Section 14 - Disposal of Dredged Materials

Section 16 - Civil Administrative Penalties

Section 17 - Soil Containing Dangerous Levels of Lead; Cover and Disposal; Regulations

Section 18 - Permit Application and Compliance Assurance Fees; Timely Action Schedules; Regulations

Section 18a - Federal Safe Drinking Water Assessment; Advisory Committee

Section 19 - Definitions Applicable to Secs. 19 to 19j

Section 19a - Board of Registration of Hazardous Waste Site Cleanup Professionals

Section 19b - Regulations

Section 19c - Licensing

Section 19d - License Requirement; Regulations

Section 19e - Inspection of Known or Suspected Sites; Warrants

Section 19f - Violations; Orders Issued by Board; Notice to Department

Section 19g - Civil Administrative Penalties

Section 19h - Adjudicatory Hearings; Judicial Review

Section 19i - Jurisdiction of Superior Court

Section 19j - Violations; Penalties

Section 20 - Joint Powers Agreements; Definitions; Approval; Administration

Section 21 - Competitive Procurement of Electric Generation

Section 22 - Carbon Dioxide Cap and Trade Program

Section 23 - Off-Highway Vehicle Advisory Committee

Section 24 - Office of the State Climatologist; Powers and Duties; Term

Section 25 - Water Infrastructure Advisory Committee; Members; Report

Section 26 - Local Seafood Marketing Program; Objectives; Steering Committee

Section 27 - Program to Facilitate Transfer of Development Rights to Protect Conservation Values and Encourage Development Through Market Incentives; Administration of Loan Program

Section 28 - Protection From Harmful Flame Retardants