history | hilite | pdf
Offered January 9, 2013
Prefiled January 9, 2013
A BILL to amend the Code of Virginia by adding a section numbered 65.2-301.1, relating to the Virginia Workers' Compensation Act; injuries to public safety employees arising out of employment.
Patron-- Norment
Referred to Committee on Commerce and Labor

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 65.2-301.1 as follows:

65.2-301.1. Injuries incurred by public safety employees arising out of employment.

A. As used in this section, "public safety employee" means any (i) salaried or volunteer firefighter, paramedic, or emergency medical technician; (ii) member of the State Police Officers' Retirement System; (iii) member of county, city, or town police departments; (iv) sheriff or deputy sheriff; (v) Department of Emergency Management hazardous materials officer; (vi) city sergeant or deputy city sergeant of the City of Richmond; (vii) Virginia Marine Police officer; (viii) conservation police officer who is a full-time sworn member of the enforcement division of the Department of Game and Inland Fisheries; (ix) Capitol Police officer; (x) special agent of the Department of Alcoholic Beverage Control appointed under the provisions of Chapter 1 ( 4.1-100 et seq.) of Title 4.1; (xi) for such period that the Metropolitan Washington Airports Authority voluntarily subjects itself to the provisions of this chapter as provided in 65.2-305, officer of the police force established and maintained by the Metropolitan Washington Airports Authority; (xii) officer of the police force established and maintained by the Norfolk Airport Authority; (xiii) conservation officer of the Department of Conservation and Recreation commissioned pursuant to 10.1-115; (xiv) sworn officer of the police force established and maintained by the Virginia Port Authority; or (xv) campus police officer appointed under Chapter 17 ( 23-232 et seq.) of Title 23 and employed by any public institution of higher education.

B. In determining whether an injury to a public safety employee that occurred in the course of his employment arose out of his employment, the public safety employee shall not be required to prove (i) that the nature of his employment exposed him to a special, additional, peculiar, or particular risk of injury to which a member of the public is not generally subject or (ii) a causal connection between the conditions under which his employment was required to be performed and the resulting injury. The characterization of the causation of such an injury incurred by a public safety employee as an act of God shall not be a defense to a claim for compensation under this title.

Legislative Information System