La. Admin. Code tit. 58 § XXIII-103

Current through Register Vol. 50, No. 9, September 20, 2024
Section XXIII-103 - Definitions (Formerly LAC 37:I.1101.C)

Board-the Law Enforcement Officers and Firemens Survivor Benefit Review Board.

Child-as defined in R.S. 40:1665.3(C)(2).

Fireman-as defined in R.S. 40:1665(B).

Law Enforcement Officer-as defined in R.S. 40:1665.2(B).

Line of Duty-shall include:

1. for law enforcement, any activity performed in which a law enforcement officer suffers death as a result of:

a. an injury arising out of and in the course of the performance of their official duties;

b. arising out of any activity while on or off duty, in their official enforcement capacity, involving the protection of life or property;

c. traveling to or from a public safety emergency or responding to a request for law enforcement assistance regarding the health, safety, or welfare of the public; or

d. traveling to or from their residence or their authorized work area while using a law enforcement vehicle provided by their employing agency;

2. for firemen, an activity performed in which a fireman suffers death as a result of:

a. an injury arising out of and in the course of the performance of their official duties;

b. an injury arising out of an activity, while on or off duty, in their capacity as a firemen, in the protection of life and property;

c. a heart attack or stroke as provided for in R.S. 40:1665.1;

d. a disabling cancer, following 10 or more years of service, as provided for in R.S. 33:2011; or

e. a disease or infirmity of the heart or lungs, which develops during employment in the classified fire service, as provided for in R.S. 33:2581.

Qualifying Claim-those claims meeting the criteria of claims request documentation, and the meaning ascribed to line of duty.

Spouse-as defined in R.S. 40:1665.3(C)(1).

La. Admin. Code tit. 58, § XXIII-103

Promulgated by the Office of the Governor, Division of Administration, Office of Risk Management, LR 16:400 (May 1990), amended LR 31:69 (January 2005), LR 32:1443 (August 2006), amended by the Department of Justice, Law Enforcement Officers and Firemens Survivor Benefit Review Board, LR 431417 (7/1/2017).
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1665, 40:1665.1, 40:1665.2, 40:1665.3, 33:2011, 33:2581, and 39:1533.