| 8 | | - | Workers' Compensation to notify the Department of Administrative Services when the board3 |
|---|
| 9 | | - | has reasonable cause to believe that an injured worker is an eligible peace officer; to provide4 |
|---|
| 10 | | - | for a definition; to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated,5 |
|---|
| 11 | | - | relating to general provisions of law enforcement officers and agencies, so as to require a6 |
|---|
| 12 | | - | certain notification to certain peace officers who become disabled in the line of duty under7 |
|---|
| 13 | | - | certain circumstances; to provide for a definition; to provide for related matters; to provide8 |
|---|
| 14 | | - | for a short title; to repeal conflicting laws; and for other purposes.9 |
|---|
| 15 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 |
|---|
| 16 | | - | SECTION 1.11 |
|---|
| 17 | | - | This Act shall be known and may be cited as the "Daniel D. Podsiadly, Jr. Act."12 |
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| 18 | | - | S. B. 371 (SUB) |
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| 19 | | - | - 1 - 24 LC 39 4398S |
|---|
| 20 | | - | SECTION 2.13 |
|---|
| 21 | | - | Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to14 |
|---|
| 22 | | - | general provisions of workers' compensation, is amended by adding a new Code section to15 |
|---|
| 23 | | - | read as follows:16 |
|---|
| 24 | | - | "34-9-26.17 |
|---|
| 25 | | - | (a) As used in this Code section, the term 'eligible peace officer' means any individual who18 |
|---|
| 26 | | - | is employed on a full-time or part-time basis by the state or any municipality, county, or19 |
|---|
| 27 | | - | other political subdivision thereof; who is required by the terms of such employment,20 |
|---|
| 28 | | - | whether by election or appointment, to maintain public order or to make arrests for all21 |
|---|
| 29 | | - | criminal offenses; who is required by the terms of such employment to comply with the22 |
|---|
| 30 | | - | requirements of the 'Georgia Peace Officer Standards and Training Act' contained in23 |
|---|
| 31 | | - | Chapter 8 of Title 35; and who suffers permanent or temporary disability in the line of duty24 |
|---|
| 32 | | - | due to a direct interaction with a criminal suspect, arrestee, or inmate.25 |
|---|
| 33 | | - | (b) In the event that the State Board of Workers' Compensation has reasonable cause to26 |
|---|
| 34 | | - | believe that an injured worker is an eligible peace officer, the board shall notify the27 |
|---|
| 35 | | - | Department of Administrative Services. Additionally, the board shall notify the injured28 |
|---|
| 36 | | - | employee of such belief and such notification shall include such appropriate contact29 |
|---|
| 37 | | - | information of the Georgia State Indemnification Fund and the temporary disability30 |
|---|
| 38 | | - | compensation program of Parts 1 and 2, respectively, of Article 5 of Chapter 9 of Title 4531 |
|---|
| 39 | | - | and other information as shall be determined necessary by the Department of32 |
|---|
| 40 | | - | Administrative Services through the promulgation of rules and regulations."33 |
|---|
| 41 | | - | SECTION 3.34 |
|---|
| 42 | | - | Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general35 |
|---|
| 43 | | - | provisions of law enforcement officers and agencies, is amended by adding a new Code36 |
|---|
| 44 | | - | section to read as follows:37 |
|---|
| 45 | | - | S. B. 371 (SUB) |
|---|
| 46 | | - | - 2 - 24 LC 39 4398S |
|---|
| 47 | | - | "35-1-24.38 |
|---|
| 48 | | - | (a) As used in this Code section, the term 'eligible peace officer' means any individual who39 |
|---|
| 49 | | - | is employed on a full-time or part-time basis by the state or any municipality, county, or40 |
|---|
| 50 | | - | other political subdivision thereof; who is required by the terms of such employment,41 |
|---|
| 51 | | - | whether by election or appointment, to maintain public order or to make arrests for all42 |
|---|
| 52 | | - | criminal offenses; who is required by the terms of such employment to comply with the43 |
|---|
| 53 | | - | requirements of the 'Georgia Peace Officer Standards and Training Act' contained in44 |
|---|
| 54 | | - | Chapter 8 of this title; and who suffers permanent or temporary disability in the line of duty45 |
|---|
| 55 | | - | due to a direct interaction with a criminal suspect, arrestee, or inmate.46 |
|---|
| 56 | | - | (b) Each law enforcement agency of this state shall notify every employee whom such47 |
|---|
| 57 | | - | agency has reasonable cause to believe may be an eligible peace officer of the existence48 |
|---|
| 58 | | - | of the Georgia State Indemnification Fund and the Georgia State Indemnification49 |
|---|
| 59 | | - | Commission. Such notification shall be given within ten days of such employee suffering50 |
|---|
| 60 | | - | an injury which may reasonably cause such employee to suffer a permanent or temporary51 |
|---|
| 61 | | - | disability. Additionally, such notification shall include such appropriate contact and other52 |
|---|
| 62 | | - | information as shall be determined necessary by the Department of Administrative Services53 |
|---|
| 63 | | - | through the promulgation of rules and regulations.54 |
|---|
| 64 | | - | (c) In the event that a peace officer settles his or her claim with the workers' compensation55 |
|---|
| 65 | | - | carrier and does not appeal to the State Board of Workers' Compensation, such peace56 |
|---|
| 66 | | - | officer may apply directly for compensation or indemnification in accordance with57 |
|---|
| 67 | | - | Chapter 9 of Title 45."58 |
|---|
| 68 | | - | SECTION 4. 59 |
|---|
| 69 | | - | All laws and parts of laws in conflict with this Act are repealed.60 |
|---|
| 70 | | - | S. B. 371 (SUB) |
|---|
| 71 | | - | - 3 - |
|---|
| 11 | + | Workers' Compensation to investigate and notify the Department of Administrative Services3 |
|---|
| 12 | + | when a peace officer is awarded workers' compensation benefits and suffered catastrophic4 |
|---|
| 13 | + | injury under certain circumstances; to provide for definitions; to amend Article 5 of Chapter5 |
|---|
| 14 | + | 9 of Title 45 of the Official Code of Georgia Annotated, relating to law enforcement officers,6 |
|---|
| 15 | + | firemen, prison guards, and publicly employed emergency medical technicians, so as to7 |
|---|
| 16 | + | provide compensation to eligible peace officers from the State Indemnification Fund; to8 |
|---|
| 17 | + | provide for related matters; to provide for a short title; to repeal conflicting laws; and for9 |
|---|
| 18 | + | other purposes.10 |
|---|
| 19 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
|---|
| 20 | + | SECTION 1.12 |
|---|
| 21 | + | This Act shall be known and may be cited as the "Daniel D. Podsiadly, Jr. Act."13 |
|---|
| 22 | + | S. B. 371 |
|---|
| 23 | + | - 1 - 24 LC 46 0739 |
|---|
| 24 | + | SECTION 2. |
|---|
| 25 | + | 14 |
|---|
| 26 | + | Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to15 |
|---|
| 27 | + | general provisions of workers' compensation, is amended by adding a new Code section to16 |
|---|
| 28 | + | read as follows:17 |
|---|
| 29 | + | "34-9-26. |
|---|
| 30 | + | 18 |
|---|
| 31 | + | (a) As used in this Code section, the term 'eligible peace officer' means any individual who19 |
|---|
| 32 | + | is employed on a full-time or part-time basis by the state or any municipality, county, or20 |
|---|
| 33 | + | other political subdivision thereof; who is required by the terms of such employment,21 |
|---|
| 34 | + | whether by election or appointment, to maintain public order or to make arrests for all22 |
|---|
| 35 | + | criminal offenses; who is required by the terms of such employment to comply with the23 |
|---|
| 36 | + | requirements of the 'Georgia Peace Officer Standards and Training Act' contained in24 |
|---|
| 37 | + | Chapter 8 of Title 35; and who suffers catastrophic injury, as defined in subsection (g) of25 |
|---|
| 38 | + | Code Section 34-9-200.1, in the line of duty while immediately engaged with a criminal26 |
|---|
| 39 | + | suspect or in the immediate pursuit thereof.27 |
|---|
| 40 | + | (b) In the event that the State Board of Workers' Compensation determines that an28 |
|---|
| 41 | + | employee suffered a catastrophic injury, the board shall investigate the circumstances of29 |
|---|
| 42 | + | such injury to determine if the employee was an eligible peace officer. Upon a30 |
|---|
| 43 | + | determination that such employee will be awarded workers' compensation and is an eligible31 |
|---|
| 44 | + | peace officer, the board shall notify and transfer a copy of such eligible peace officer's32 |
|---|
| 45 | + | claim file to the Department of Administrative Services and notify the eligible peace officer33 |
|---|
| 46 | + | of such transfer within ten days of such determination."34 |
|---|
| 47 | + | SECTION 3.35 |
|---|
| 48 | + | Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to law36 |
|---|
| 49 | + | enforcement officers, firemen, prison guards, and publicly employed emergency medical37 |
|---|
| 50 | + | technicians, is amended by revising Code Section 45-9-85, relating to payment of38 |
|---|
| 51 | + | S. B. 371 |
|---|
| 52 | + | - 2 - 24 LC 46 0739 |
|---|
| 53 | + | indemnification for death or disability, procedure for making payments, and appeal, as |
|---|
| 54 | + | 39 |
|---|
| 55 | + | follows:40 |
|---|
| 56 | + | "45-9-85.41 |
|---|
| 57 | + | (a) As used in this Code section, the term:42 |
|---|
| 58 | + | (1) 'Nonroutine stressful or strenuous physical activity' means actions that are not43 |
|---|
| 59 | + | clerical, administrative, or nonmanual in nature.44 |
|---|
| 60 | + | (2) 'Peace officer' means any individual who is employed on a full-time or part-time |
|---|
| 61 | + | 45 |
|---|
| 62 | + | basis by the state or any municipality, county, or other political subdivision thereof; who46 |
|---|
| 63 | + | is required by the terms of such employment, whether by election or appointment, to47 |
|---|
| 64 | + | maintain public order or to make arrests for all criminal offenses; who is required by the48 |
|---|
| 65 | + | terms of such employment to comply with the requirements of the 'Georgia Peace Officer49 |
|---|
| 66 | + | Standards and Training Act' contained in Chapter 8 of Title 35; and who suffers50 |
|---|
| 67 | + | catastrophic injury, as defined in subsection (g) of Code Section 34-9-200.1, in the line51 |
|---|
| 68 | + | of duty while immediately engaged with a criminal suspect or in the immediate pursuit52 |
|---|
| 69 | + | thereof. Such term is a different category of employee from 'law enforcement officer.'53 |
|---|
| 70 | + | (2)(3) 'Public safety officer' means a law enforcement officer, firefighter, emergency54 |
|---|
| 71 | + | medical technician, emergency management rescue specialist, state highway employee,55 |
|---|
| 72 | + | or prison guard.56 |
|---|
| 73 | + | (3)(4) 'Work related activity' means, while in the line of duty:57 |
|---|
| 74 | + | (A) Engaging in a situation involving nonroutine stressful or strenuous physical58 |
|---|
| 75 | + | activity related to law enforcement, fire suppression, rescue, hazardous material59 |
|---|
| 76 | + | response, emergency medical services, prison or jail security, disaster relief, or any60 |
|---|
| 77 | + | other emergency response; or61 |
|---|
| 78 | + | (B) Participating in a training exercise involving nonroutine stressful or strenuous62 |
|---|
| 79 | + | physical activity.63 |
|---|
| 80 | + | (b) Indemnification shall be paid under this article as follows:64 |
|---|
| 81 | + | S. B. 371 |
|---|
| 82 | + | - 3 - 24 LC 46 0739 |
|---|
| 83 | + | (1) In the case of a partial permanent disability suffered in the line of duty by a public |
|---|
| 84 | + | 65 |
|---|
| 85 | + | safety officer, the eligible disabled person may elect payment of $35,000.00 paid in equal66 |
|---|
| 86 | + | monthly installments for five years or a lump sum of such amount reduced to its present67 |
|---|
| 87 | + | value upon the basis of interest calculated at the rate of 6 percent per annum;68 |
|---|
| 88 | + | (2) In the case of a total permanent disability suffered in the line of duty by a public69 |
|---|
| 89 | + | safety officer, the injured person may elect to receive a payment of $75,000.00 paid in70 |
|---|
| 90 | + | equal monthly installments for five years or a lump sum of such amount reduced to its71 |
|---|
| 91 | + | present value upon the basis of interest calculated at the rate of 6 percent per annum;72 |
|---|
| 92 | + | (3)(A) In the case of death suffered in the line of duty by a public safety officer,73 |
|---|
| 93 | + | payment shall be made to:74 |
|---|
| 94 | + | (i) The surviving unremarried spouse;75 |
|---|
| 95 | + | (ii) The surviving children who are under the age of 19 or, if a student enrolled in an76 |
|---|
| 96 | + | institution of postsecondary education at the time of such death, under the age of 24;77 |
|---|
| 97 | + | or78 |
|---|
| 98 | + | (iii) Individuals not otherwise provided for under this subparagraph who are the79 |
|---|
| 99 | + | dependents of the spouse or deceased person as shown in the spouse's or deceased80 |
|---|
| 100 | + | person's most recent tax return.81 |
|---|
| 101 | + | (B) In the case of organic brain damage suffered in the line of duty by a public safety82 |
|---|
| 102 | + | officer, payment shall be made to the legal guardian of the organically brain damaged83 |
|---|
| 103 | + | person.84 |
|---|
| 104 | + | (C) The surviving unremarried spouse, dependents, or the legal guardian may elect to85 |
|---|
| 105 | + | receive payment in a lump sum payment of $150,000.00 paid in equal monthly86 |
|---|
| 106 | + | installments for five years or a lump sum of such amount reduced to its present value87 |
|---|
| 107 | + | upon the basis of interest calculated at the rate of 6 percent per annum; or |
|---|
| 108 | + | 88 |
|---|
| 109 | + | (4) In the case of an employee who has been awarded workers' compensation benefits89 |
|---|
| 110 | + | by the State Board of Workers' Compensation and determined to be an eligible peace90 |
|---|
| 111 | + | officer pursuant to Code Section 34-9-26, such peace officer shall be paid the difference91 |
|---|
| 112 | + | S. B. 371 |
|---|
| 113 | + | - 4 - 24 LC 46 0739 |
|---|
| 114 | + | between the workers' compensation, disability, or other compensation benefits paid or to92 |
|---|
| 115 | + | be paid by such peace officer's employer and such peace officer's regular compensation93 |
|---|
| 116 | + | as a peace officer;94 |
|---|
| 117 | + | (5) Any person who receives payment in accordance with paragraph (4) of this95 |
|---|
| 118 | + | subsection shall not be eligible to receive payment in accordance with paragraph (1) or96 |
|---|
| 119 | + | paragraph (2) of this subsection; or97 |
|---|
| 120 | + | (4)(6) A heart attack, stroke, or vascular rupture suffered by a public safety officer shall98 |
|---|
| 121 | + | be presumed to qualify such public safety officer under this subsection if the heart attack,99 |
|---|
| 122 | + | stroke, or vascular rupture:100 |
|---|
| 123 | + | (A) Commenced:101 |
|---|
| 124 | + | (i) While such public safety officer was performing work related activity;102 |
|---|
| 125 | + | (ii) While such public safety officer was on duty after performing work related103 |
|---|
| 126 | + | activity; or104 |
|---|
| 127 | + | (iii) Not later than 24 hours after performing work related activity; and105 |
|---|
| 128 | + | (B) Directly or proximately resulted in the death or partial or permanent disability of106 |
|---|
| 129 | + | the public safety officer, unless competent medical evidence established that the heart107 |
|---|
| 130 | + | attack, stroke, or vascular rupture was not related to the work related activity or was108 |
|---|
| 131 | + | directly or proximately caused by something other than the mere presence of109 |
|---|
| 132 | + | cardiovascular disease risk factors.110 |
|---|
| 133 | + | (c) After the department, or the commissioner or his or her designee upon review of a111 |
|---|
| 134 | + | denial by the department, determines that a public safety officer has suffered a total112 |
|---|
| 135 | + | permanent disability, a partial permanent disability, organic brain damage, or death in the113 |
|---|
| 136 | + | line of duty, the department shall be authorized to make the appropriate payments as114 |
|---|
| 137 | + | provided in subsection (b) of this Code section.115 |
|---|
| 138 | + | (d) If the department denies a claim, any person seeking benefits pursuant to this part may116 |
|---|
| 139 | + | appeal the department's decision to the commissioner or his or her designee. Any such117 |
|---|
| 140 | + | appeal shall be filed with the commissioner or his or her designee within 60 days of receipt118 |
|---|
| 141 | + | S. B. 371 |
|---|
| 142 | + | - 5 - 24 LC 46 0739 |
|---|
| 143 | + | of the department's decision and shall identify the errors in the department's decision. |
|---|
| 144 | + | 119 |
|---|
| 145 | + | Appeals shall be considered by the commissioner or his or her designee as provided in120 |
|---|
| 146 | + | Code Section 45-9-84."121 |
|---|
| 147 | + | SECTION 4.122 |
|---|
| 148 | + | All laws and parts of laws in conflict with this Act are repealed.123 |
|---|
| 149 | + | S. B. 371 |
|---|
| 150 | + | - 6 - |
|---|