Acceptance of provisions; police and firefighters; coverage;
exemptions
Sec. 2. (a) Every employer and every employee, except as stated
in this chapter, shall comply with this chapter, requiring the
employer and employee to pay and accept compensation for
disablement or death by occupational disease arising out of and in
the course of the employment, and shall be bound thereby.
(b) This chapter does not apply to the following:
(1) A person who enters into an independent contractor
agreement with a nonprofit corporation that is recognized as tax
exempt under Section 501(c)(3) of the Internal Revenue Code
(as defined in IC 6-3-1-11(a)) to perform youth coaching
services on a part-time basis.
(2) A nonprofit corporation that is recognized as tax exempt
under Section 501(c)(3) of the Internal Revenue Code (as
defined in IC 6-3-1-11(a)) to the extent the corporation enters
into an independent contractor agreement with a person for the
performance of youth coaching services on a part-time basis.
(c) This chapter does not apply to employees of municipal
corporations in Indiana who are members of:
(1) the fire department or police department of any such
municipality; and
(2) a firefighters' pension fund or a police officers' pension
fund.
However, if the common council elects to purchase and procure
worker's occupational disease insurance to insure said employees
with respect to medical benefits under this chapter, the medical
provisions apply to members of the fire department or police
department of any such municipal corporation who are also members
of a firefighters' pension fund or a police officers' pension fund.
(d) When any municipal corporation purchases or procures
worker's occupational disease insurance covering members of the fire
department or police department who are also members of a
firefighters' pension fund or a police officers' pension fund and pays
the premium or premiums for the insurance, the payment of the
premiums is a legal and allowable expenditure of funds of any
municipal corporation.
(e) Except as provided in subsection (f), where the common
council has procured worker's occupational disease insurance as
provided under this section, any member of the fire department or
police department employed in the city carrying the worker's
occupational disease insurance under this section is limited to
recovery of medical and surgical care, medicines, laboratory,
curative and palliative agents and means, x-ray, diagnostic and
therapeutic services to the extent that the services are provided for in
the worker's occupational disease policy so procured by the city, and
may not also recover in addition to that policy for the same benefits
provided in IC 36-8-4.
(f) If the medical benefits provided under a worker's occupational
disease policy procured by the common council terminate for any
reason before the police officer or firefighter is fully recovered, the
common council shall provide medical benefits that are necessary
until the police officer or firefighter is no longer in need of medical
care.
(g) Nothing in this section affects the rights and liabilities of
employees and employers had by them prior to April 1, 1963, under
this chapter.
(Formerly: Acts 1937, c.69, s.2; Acts 1963, c.388, s.1; Acts 1974,
P.L.109, SEC.1.) As amended by Acts 1981, P.L.11, SEC.126;
P.L.28-1988, SEC.49; P.L.217-1989, SEC.2; P.L.201-2005, SEC.6.
Last modified: May 27, 2006