Sec. 10.3. (a) This section applies to an employee of a private employer who:

(1) is a volunteer firefighter or volunteer member; and

Terms Used In Indiana Code 36-8-12-10.3

  • Employee: means a person in the service of another person under a written or implied contract of hire or apprenticeship. See Indiana Code 36-8-12-2
  • Employer: means :

    Indiana Code 36-8-12-2

  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Volunteer firefighter: means a firefighter:

    Indiana Code 36-8-12-2

  • Volunteer member: means a member of a volunteer emergency medical services association connected with a unit as set forth in IC 16-31-5-1(6). See Indiana Code 36-8-12-2
(2) has notified the employee’s employer in writing that the employee is a volunteer firefighter or volunteer member, regardless of whether the employer rejected the notification under section 10.7(c) of this chapter.

     (b) An employee described in subsection (a) who leaves the employee’s duty station to respond to a fire or emergency call after the employee has reported to work shall, for worker’s compensation purposes, be considered an employee of the unit while in the performance of the duties of a volunteer firefighter or volunteer member.

     (c) The employee described in subsection (a) shall, for worker’s compensation purposes, be considered as having entered in and acted in the regular course and scope of the employment with the unit when the employee responds to the fire or emergency call as a volunteer firefighter or volunteer member, regardless of whether the employee responds by traveling:

(1) to a fire station or other place where firefighting equipment that the company or unit is to use is located; or

(2) to perform any activities that the employee may be directed to do by the chief of the fire department or, in the absence of the chief, the ranking officer.

     (d) The employee described in subsection (a) shall, for worker’s compensation purposes, be considered an employee of the unit until the employee returns to the location from which the employee was originally called to active duty, or until the employee engages in an activity beyond the scope of the performance of the duties of the volunteer firefighter or volunteer member, whichever occurs first.

As added by P.L.167-2019, SEC.4.

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