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
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 3 - Functions of Secretary; Report
Section 4 - Powers and Duties of Secretary
Section 4a - Coastal Zone Management Office
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 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 8f - Meetings; Expenses; per Diem
Section 9 - Grants and Gifts; Expenditure; Records
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 10h - Fines for Categories of Violations
Section 11 - Boating Safety Advisory Board
Section 11a - Bicycle and Pedestrian Advisory Board
Section 12 - Rules and Regulations; Adoption; Review
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 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