Section 36-8-8-13.1 - Submission of determination of local board and safety board to system director; medical examinations; initial determination; objections; hearing; final order; appeals(a) If: (1) the local board has determined under this chapter that a covered impairment exists and the safety board has determined that there is no suitable and available work within the department, considering reasonable accommodation to the extent required by the Americans with Disabilities Act; or(2) the fund member has filed an appeal under section 12.7(o) of this chapter; the local board shall submit the local board's determinations and the safety board's determinations to the system board's director.
(b) Whenever a fund member is determined to have an impairment under section 12.7(i) of this chapter, the system board's director shall initiate a review of the default award not later than sixty (60) days after the director learns of the default award.(c) After the system board's director receives the determinations under subsection (a) or initiates a review under subsection (b), the fund member must submit to an examination by a medical authority selected by the system board. The authority shall determine if there is a covered impairment. With respect to a fund member who is covered by sections 12.5 and 13.5 of this chapter, the authority shall determine the degree of impairment. The system board shall adopt rules to establish impairment standards, such as the impairment standards contained in the United States Department of Veterans Affairs Schedule for Rating Disabilities. The report of the examination shall be submitted to the system board's director. If a fund member refuses to submit to an examination, the authority may find that no impairment exists.(d) The system board's director shall review the medical authority's report and the local board's determinations and issue an initial determination within sixty (60) days after receipt of the local board's determinations. The system board's director shall notify the local board, the safety board, and the fund member of the initial determination. The following provisions apply if the system board's director does not issue an initial determination within sixty (60) days and if the delay is not attributable to the fund member or the safety board: (1) In the case of a review initiated under subsection (a)(1):(A) the determinations of the local board and the chief of the police or fire department are considered to be the initial determination; and(B) for purposes of section 13.5(d) of this chapter, the fund member is considered to be totally impaired.(2) In the case of an appeal submitted under subsection (a)(2), the statements made by the fund member under section 12.7(o) of this chapter are considered to be the initial determination.(3) In the case of a review initiated under subsection (b), the initial determination is the impairment determined under section 12.7(i) of this chapter.(e) The fund member, the safety board, or the local board may object in writing to the director's initial determination within fifteen (15) days after the determination is issued. If no written objection is filed, the initial determination becomes the final order of the system board. If a timely written objection is filed, the system board shall issue the final order after a hearing. Unless an administrative law judge orders a waiver or an extension of the period for cause shown, the final order shall be issued not later than one hundred eighty (180) days after the date of receipt of the local board's determination or the date the system board's director initiates a review under subsection (b). The following provisions apply if a final order is not issued within the time limit described in this subsection and if the delay is not attributable to the fund member or the chief of the police or fire department:(1) In the case of a review initiated under subsection (a)(1): (A) the determinations of the local board and the chief of the police or fire department are considered to be the final order; and(B) for purposes of section 13.5(f) of this chapter, the fund member is considered to be totally impaired.(2) In the case of an appeal submitted under subsection (a)(2), the statements made by the fund member under section 12.7(o) of this chapter are considered to be the final order.(3) In the case of a review initiated under subsection (b), the impairment determined under section 12.7(i) of this chapter is considered to be the final order.(f) If the system board approves the director's initial determination, then the system board shall issue a final order adopting the initial determination. The local board and the chief of the police or fire department shall comply with the initial determination. If the system board does not approve the initial determination, the system board may receive additional evidence on the matter before issuing a final order.(g) Appeals of the system board's final order may be made under IC 4-21.5.(h) The transcripts, records, reports, and other materials compiled under this section must be retained in accordance with the procedures specified in section 12.7(p) of this chapter.(i) The system board may seek the assistance of the mental health disability review panel established under IC 36-8-8.3-4 in issuing an initial determination or a final order.Amended by P.L. 54-2020,SEC. 2, eff. 7/1/2020.Amended by P.L. 179-2018,SEC. 12, eff. 7/1/2018.Amended by P.L. 35-2012, SEC. 130, eff. 3/14/2012.Amended by P.L. 6-2012, SEC. 252, eff. 2/22/2012.Amended by P.L. 23-2011, SEC. 28, eff. 7/1/2011.Amended by P.L. 13-2011, SEC. 19, eff. 7/1/2011.As added by P.L. 1-1991, SEC.213. Amended by P.L. 4-1992, SEC.48; P.L. 195-1999, SEC.34; P.L. 29-2006, SEC.3.