Text: HF02060 Text: HF02062 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 100B.11, subsection 2, paragraph b,
1 2 subparagraph (1), Code Supplement 2003, is amended to read as
1 3 follows:
1 4 (1) (a) The death resulted from stress, strain,
1 5 occupational illness, or a chronic, progressive, or congenital
1 6 illness, including, but not limited to, a disease of the
1 7 heart, lungs, or respiratory system, unless a traumatic
1 8 personal injury was a substantial contributing factor to the
1 9 volunteer emergency services provider's death.
1 10 (b) However, if the death was the direct and proximate
1 11 result of a heart attack or stroke, the volunteer emergency
1 12 services provider shall be presumed to have died as a result
1 13 of a traumatic personal injury if the provider engaged in a
1 14 nonroutine stressful or strenuous activity within the scope of
1 15 the provider's duties and the death resulted while engaging in
1 16 that activity, while still on duty after engaging in that
1 17 activity, or not later than twenty-four hours after engaging
1 18 in that activity, and the presumption is not overcome by
1 19 competent medical evidence to the contrary.
1 20 EXPLANATION
1 21 This bill concerns eligibility for state payment of a line
1 22 of duty death benefit to volunteer emergency services
1 23 providers. Volunteer emergency services providers include
1 24 volunteer fire fighters, volunteer emergency medical care
1 25 providers, volunteer emergency services providers, and reserve
1 26 peace officers.
1 27 The bill provides that if the death was the result of a
1 28 heart attack or stroke, the death will be presumed to have
1 29 been as a result of a traumatic personal injury and
1 30 compensable if the provider had engaged in nonroutine
1 31 stressful or strenuous activity and the death occurred while
1 32 engaging in that activity, while still on duty after that
1 33 activity, or within 24 hours after the activity, and the
1 34 presumption cannot be overcome by medical evidence.
1 35 LSB 5393YH 80
2 1 ec/pj/5.1
Text: HF02060 Text: HF02062 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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