A benefit payment shall not be made under this act if any of the following apply:
  (a) The personal injury that resulted in death or permanent and total disability was caused by the intentional misconduct of the public safety officer or by his or her intent to bring about the injury.

Terms Used In Michigan Laws 28.636

  • Direct and proximate: means that the antecedent event is a substantial factor in the result. See Michigan Laws 28.632
  • officer: means any individual serving a public agency or any authority, district, board, or other entity created in whole or in part by 1 or more cities, counties, villages, or townships, in an official capacity, with or without compensation, as a law enforcement officer, firefighter, or member of a rescue squad or ambulance crew. See Michigan Laws 28.632
  • Permanent and total disability: means medically determinable consequences of a catastrophic, line-of-duty injury that permanently prevent a former public safety officer from performing any gainful work. See Michigan Laws 28.632
  (b) The public safety officer was voluntarily intoxicated at the time the personal injury occurred.
  (c) The public safety officer was performing his or her duties in a grossly negligent manner at the time the personal injury occurred.
  (d) The injury was the direct and proximate result of the actions of an individual to whom payment would be made under this act.
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