Title 45, Chapter 9, Section 81
( 45-9-81)
As used in this part, the term: (1) "Commission" means the Georgia State Indemnification
Commission. (2) "Emergency management rescue specialist" means any person licensed as an emergency management rescue specialist pursuant to Code Section 38-3-36. (3) "Emergency medical technician" includes only persons who: (A) Are certified as emergency medical technicians, paramedics,
or cardiac technicians under Chapter 11 of Title 31; and (B) Are employed in the capacity for which they are so certified
by a department, agency, authority, or other instrumentality of
state or local government. (4)(A) "Fireman" means any person who is employed as a
professional firefighter on a full-time basis of at least 40
hours per week by any municipal, county, or state government
fire department employing three or more firemen and who has the
responsibility of preventing and suppressing fires, protecting
life and property, enforcing municipal, county, and state fire
prevention codes, enforcing any law pertaining to the prevention
and control of fires or who performs any acts or actions while
on duty or when responding to a fire or emergency during any
fire or other emergency or while performing duties intended to
protect life and property. (B) "Fireman" shall also mean any individual serving as an
officially recognized or designated member of a legally
organized volunteer fire department who performs any acts or
actions while on duty or when responding to a fire or emergency
during any fire or other emergency or while performing duties
intended to protect life and property. (C) "Fireman" shall also mean any individual employed by a
person or corporation which has a contract with a municipal
corporation or county to provide fire prevention and
fire-fighting services to such municipal corporation or county
and any such individual is employed on a full-time basis of at
least 40 hours per week and has the responsibility of preventing
and suppressing fires, protecting life and property, enforcing
municipal or county fire prevention codes, enforcing any
municipal or county ordinances pertaining to the prevention and
control of fires or who performs any acts or actions while on
duty or when responding to a fire or emergency during any fire
or other emergency or while performing duties intended to
protect life and property. (5) "In the line of duty" means: (A) With respect to an emergency medical technician, while on
duty and when responding to or returning from an emergency or
performing duties at the scene of an emergency or transporting a
person to a medical facility for emergency treatment or
returning therefrom;
(B) With respect to a fireman, while on duty and when responding
to or returning from a fire or other emergency or performing
duties during any fire or other emergency or performing duties
intended to protect life and property; (C) With respect to a law enforcement officer or fireman, while
on duty and performing services for and receiving compensation
from the law enforcement and fire service agency which employs
such officer or fireman, while off duty when responding to any
situation which would save a life or preserve the peace, or
while preventing or attempting to prevent the commission of a
crime or fire. A law enforcement officer or fireman who is
performing duties for and receiving compensation from a private
employer at the time of such officer's or fireman's death or
bodily injury causing permanent disability shall not be
considered in the line of duty unless the officer or fireman has
left the scope of his or her employment for the private employer
for the direct purpose of enforcing or attempting to enforce
fire service, the criminal or traffic laws, preserving or
attempting to preserve public order, protecting or attempting to
protect life or property, performing active state service as a
member of the Georgia National Guard, preventing or attempting
to prevent a crime, detecting or attempting to detect crime, or
investigating or attempting to investigate crime. The
determination that a law enforcement officer or fireman was
killed or permanently disabled in the line of duty and is
entitled to indemnification pursuant to this part shall not be
considered in the determination of the entitlement of such
officer to workers' compensation, disability, health, or other
benefits from such officer's or fireman's public or private
employer; or (D) With respect to a prison guard, while on duty and performing
services for and receiving compensation from the public agency
which employs such prison guard. (6) "Law enforcement officer" means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision. With respect to periods of time prior to July 1, 2001, such term also includes employees designated and delegated law enforcement powers by the Public Service Commission pursuant to Code Sections 46-7-28 and 46-11-6, which personnel have the duty to enforce the laws relating to motor carriers and the transportation of hazardous materials; and on and after July 1, 2001, such term also includes law enforcement officers of the Department of Motor Vehicle Safety. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor. (7) "Permanent disability" means disability due to: (A) Loss of both eyes or blindness in both eyes with only light
perception; (B) Loss or loss of use of both hands; (C) Loss or loss of use of both legs; (D) Loss of a lower extremity or residuals of organic disease or
injury which so affect the functions of balance or propulsion as
to preclude locomotion without resort to a wheelchair; or (E) Organic brain damage resulting from direct physical trauma
incurred after January 1, 1973, which so affects the mental
capacity as to preclude ability to function productively in any
employment. (8) "Prison guard" means any person employed by the state or any
political subdivision thereof whose principal duties relate to the
supervision and incarceration of persons accused or convicted of
the violation of the criminal laws of this state or any political
subdivision thereof. Such term shall also mean any probation
supervisor or parole officer who is required to be certified under
Chapter 8 of Title 35, the "Georgia Peace Officer Standards and
Training Act," and whose principal duties directly relate to the
supervision of adult probationers or adult parolees. Such term
also means any person employed by the state or any political
subdivision thereof whose principal duties include the supervision
of youth who are charged with or adjudicated for an act which if
committed by adults would be considered a crime. |