1. (a) This section applies only to a fund member who:

   1. (1) is hired for the first time after December 31, 1989;
   2. (2) chooses coverage by this section and section 13.5 of this chapter under section 12.4 of this chapter; or
   3. (3) is described in section 12.3(c)(2) of this chapter.

2. (b) At the same hearing where the determination of whether the fund member has a covered impairment is made, the local board shall determine the following:

   1. (1) Whether the fund member has a Class 1 impairment. A Class 1 impairment is a covered impairment that is the direct result of one (1) or more of the following:

      1. (A) A personal injury that occurs while the fund member is on duty.

      2. (B) A personal injury that occurs while the fund member is off

         duty and is responding to:

         1. (i) an offense or a reported offense, in the case of a police officer; or
         2. (ii) an emergency or reported emergency for which the fund member is trained, in the case of a firefighter.
      3. (C) An occupational disease (as defined in IC 22-3-7-10 ). A covered impairment that is included within this clause and subdivision (2), including mental illnesses, shall be considered a Class 1 impairment.
      4. (D) A health condition caused by an exposure risk disease that results in a presumption of disability or death incurred in the line of duty under IC 5-10-13 .

   2. (2) Whether the fund member has a Class 2 impairment. A Class 2 impairment is a covered impairment that is:

      1. (A) a duty related disease. A duty related disease means a disease arising out of the fund member's employment. A disease shall be considered to arise out of the fund member's employment if it is apparent to the rational mind, upon consideration of all of the circumstances, that:

         1. (i) there is a connection between the conditions under which the fund member's duties are performed and the disease;
         2. (ii) the disease can be seen to have followed as a natural incident of the fund member's duties as a result of the exposure occasioned by the nature of the fund member's duties; and
         3. (iii) the disease can be traced to the fund member's employment as the proximate cause; or

      2. (B) a health condition caused by:

         1. (i) an exposure related heart or lung disease;
         2. (ii) an exposure related cancer; or

         3. (iii) exposure related Parkinson's disease;

            that results in a presumption of disability incurred in the line of duty under IC 5-10-15 .

   3. (3) Whether the fund member has a Class 3 impairment. A Class 3 impairment is a covered impairment that is not a Class 1 impairment or a Class 2 impairment.

As added by P.L.311-1989, SEC.9. Amended by P.L.213-1995, SEC.10; P.L.185-2002, SEC.11; P.L.62-2006, SEC.7; P.L.59-2009, SEC.5; P.L.54-2020, SEC.1.