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H.325

AN ACT RELATING TO WORKERS’ COMPENSATION COMPENSABILITY OF HEART ATTACKS SUFFERED BY FIREFIGHTERS AND POLICE OFFICERS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  21 V.S.A. § 601(11) is amended to read:

(11)(A)  “Personal injury by accident arising out of and in the course of such employment” includes an injury caused by the wilful willful act of a third person directed against an employee because of his that employment; it also includes, in.

(A)  In the case of a firefighter, rescue or ambulance worker, constable, chief of police, police officer and additional police officers who hold temporary appointments constables, chiefs of police, police officers, rescue or ambulance workers, volunteer reserve police officers, and firefighters, except full-time firefighters, in any city, town, or incorporated village, disability or death from a heart injury or heart disease incurred or aggravated and proximately caused by service in the line of duty but does not include other disease unless it results from the injury; and becomes symptomatic within 72 hours from the date of last service in the line of duty shall be presumed to be incurred in the line of duty. 

(B)  In the case of a full-time firefighter, which, for the purposes of this subdivision (11), has the same meaning as in 20 V.S.A. § 3151(4), disability or death from heart injury or heart disease that becomes symptomatic within 72 hours of service in the line of duty shall be presumed to be compensable.

(C)  “Line of duty,” as applied to firefighters, and rescue and ambulance workers means one or more of the following:

(i)  Service in the worker’s town or district, in answer to a call of the department, including going to and returning from a fire or emergency or participating in a fire or emergency drill, parade, test, or trial of any fire‑fighting firefighting or emergency equipment,.

(ii)  Similar service in another town or district to which the department has been called for fire-fighting firefighting or emergency purposes,.

(iii)  Service under orders of any department officer in any other emergency to which the department is called in the town or district where the department is established,.

(iv)  Activities authorized by the department for the purpose of raising funds for the department.

(C)  A heart injury or disease symptomatic within seventy-two hours from the date of last service in the line of duty at a fire shall be presumed to be incurred in the line of duty.

(D)  “Line of duty” as applied to constables, police officers, or volunteer reserve policemen police officers means either or both of the following:

(i)  Service as a police officer in answer to a complaint lodged with his the department, including but not limited to going to and, returning from, and investigating the complaint or disorder and.

(ii)  Service under orders from his the department or in any emergency wherein he for which the employee serves as constable, policeman police officer, or volunteer reserve police officer.

(E)  A heart injury or disease symptomatic within seventy-two hours from the date of last service in the line of duty shall be presumed to be incurred in the line of duty.

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us