24 LC 46 0739
Senate Bill 371
By: Senators Strickland of the 17th, Jones of the 10th, Robertson of the 29th, Butler of the
55th, Albers of the 56th and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated,
1
relating to general provisions of workers' compensation, so as to require the State Board of2
Workers' Compensation to investigate and notify the Department of Administrative Services3
when a peace officer is awarded workers' compensation benefits and suffered catastrophic4
injury under certain circumstances; to provide for definitions; to amend Article 5 of Chapter5
9 of Title 45 of the Official Code of Georgia Annotated, relating to law enforcement officers,6
firemen, prison guards, and publicly employed emergency medical technicians, so as to7
provide compensation to eligible peace officers from the State Indemnification Fund; to8
provide for related matters; to provide for a short title; to repeal conflicting laws; and for9
other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
This Act shall be known and may be cited as the "Daniel D. Podsiadly, Jr. Act."13
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SECTION 2.
14
Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to15
general provisions of workers' compensation, is amended by adding a new Code section to16
read as follows:17
"34-9-26.
18
(a) As used in this Code section, the term 'eligible peace officer' means any individual who19
is employed on a full-time or part-time basis by the state or any municipality, county, or20
other political subdivision thereof; who is required by the terms of such employment,21
whether by election or appointment, to maintain public order or to make arrests for all22
criminal offenses; who is required by the terms of such employment to comply with the23
requirements of the 'Georgia Peace Officer Standards and Training Act' contained in24
Chapter 8 of Title 35; and who suffers catastrophic injury, as defined in subsection (g) of25
Code Section 34-9-200.1, in the line of duty while immediately engaged with a criminal26
suspect or in the immediate pursuit thereof.27
(b) In the event that the State Board of Workers' Compensation determines that an28
employee suffered a catastrophic injury, the board shall investigate the circumstances of29
such injury to determine if the employee was an eligible peace officer. Upon a30
determination that such employee will be awarded workers' compensation and is an eligible31
peace officer, the board shall notify and transfer a copy of such eligible peace officer's32
claim file to the Department of Administrative Services and notify the eligible peace officer33
of such transfer within ten days of such determination."34
SECTION 3.35
Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to law36
enforcement officers, firemen, prison guards, and publicly employed emergency medical37
technicians, is amended by revising Code Section 45-9-85, relating to payment of38
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indemnification for death or disability, procedure for making payments, and appeal, as
39
follows:40
"45-9-85.41
(a) As used in this Code section, the term:42
(1) 'Nonroutine stressful or strenuous physical activity' means actions that are not43
clerical, administrative, or nonmanual in nature.44
(2) 'Peace officer' means any individual who is employed on a full-time or part-time
45
basis by the state or any municipality, county, or other political subdivision thereof; who46
is required by the terms of such employment, whether by election or appointment, to47
maintain public order or to make arrests for all criminal offenses; who is required by the48
terms of such employment to comply with the requirements of the 'Georgia Peace Officer49
Standards and Training Act' contained in Chapter 8 of Title 35; and who suffers50
catastrophic injury, as defined in subsection (g) of Code Section 34-9-200.1, in the line51
of duty while immediately engaged with a criminal suspect or in the immediate pursuit52
thereof. Such term is a different category of employee from 'law enforcement officer.'53
(2)(3) 'Public safety officer' means a law enforcement officer, firefighter, emergency54
medical technician, emergency management rescue specialist, state highway employee,55
or prison guard.56
(3)(4) 'Work related activity' means, while in the line of duty:57
(A) Engaging in a situation involving nonroutine stressful or strenuous physical58
activity related to law enforcement, fire suppression, rescue, hazardous material59
response, emergency medical services, prison or jail security, disaster relief, or any60
other emergency response; or61
(B) Participating in a training exercise involving nonroutine stressful or strenuous62
physical activity.63
(b) Indemnification shall be paid under this article as follows:64
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(1) In the case of a partial permanent disability suffered in the line of duty by a public
65
safety officer, the eligible disabled person may elect payment of $35,000.00 paid in equal66
monthly installments for five years or a lump sum of such amount reduced to its present67
value upon the basis of interest calculated at the rate of 6 percent per annum;68
(2) In the case of a total permanent disability suffered in the line of duty by a public69
safety officer, the injured person may elect to receive a payment of $75,000.00 paid in70
equal monthly installments for five years or a lump sum of such amount reduced to its71
present value upon the basis of interest calculated at the rate of 6 percent per annum;72
(3)(A) In the case of death suffered in the line of duty by a public safety officer,73
payment shall be made to:74
(i) The surviving unremarried spouse;75
(ii) The surviving children who are under the age of 19 or, if a student enrolled in an76
institution of postsecondary education at the time of such death, under the age of 24;77
or78
(iii) Individuals not otherwise provided for under this subparagraph who are the79
dependents of the spouse or deceased person as shown in the spouse's or deceased80
person's most recent tax return.81
(B) In the case of organic brain damage suffered in the line of duty by a public safety82
officer, payment shall be made to the legal guardian of the organically brain damaged83
person.84
(C) The surviving unremarried spouse, dependents, or the legal guardian may elect to85
receive payment in a lump sum payment of $150,000.00 paid in equal monthly86
installments for five years or a lump sum of such amount reduced to its present value87
upon the basis of interest calculated at the rate of 6 percent per annum; or
88
(4) In the case of an employee who has been awarded workers' compensation benefits89
by the State Board of Workers' Compensation and determined to be an eligible peace90
officer pursuant to Code Section 34-9-26, such peace officer shall be paid the difference91
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between the workers' compensation, disability, or other compensation benefits paid or to92
be paid by such peace officer's employer and such peace officer's regular compensation93
as a peace officer;94
(5) Any person who receives payment in accordance with paragraph (4) of this95
subsection shall not be eligible to receive payment in accordance with paragraph (1) or96
paragraph (2) of this subsection; or97
(4)(6) A heart attack, stroke, or vascular rupture suffered by a public safety officer shall98
be presumed to qualify such public safety officer under this subsection if the heart attack,99
stroke, or vascular rupture:100
(A) Commenced:101
(i) While such public safety officer was performing work related activity;102
(ii) While such public safety officer was on duty after performing work related103
activity; or104
(iii) Not later than 24 hours after performing work related activity; and105
(B) Directly or proximately resulted in the death or partial or permanent disability of106
the public safety officer, unless competent medical evidence established that the heart107
attack, stroke, or vascular rupture was not related to the work related activity or was108
directly or proximately caused by something other than the mere presence of109
cardiovascular disease risk factors.110
(c) After the department, or the commissioner or his or her designee upon review of a111
denial by the department, determines that a public safety officer has suffered a total112
permanent disability, a partial permanent disability, organic brain damage, or death in the113
line of duty, the department shall be authorized to make the appropriate payments as114
provided in subsection (b) of this Code section.115
(d) If the department denies a claim, any person seeking benefits pursuant to this part may116
appeal the department's decision to the commissioner or his or her designee. Any such117
appeal shall be filed with the commissioner or his or her designee within 60 days of receipt118
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of the department's decision and shall identify the errors in the department's decision.
119
Appeals shall be considered by the commissioner or his or her designee as provided in120
Code Section 45-9-84."121
SECTION 4.122
All laws and parts of laws in conflict with this Act are repealed.123
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