There is a provision in the NC Senate budget bill changing the salary continuation statute for injured state law enforcement officers that could reduce their benefits upon an injury to less than that of all other injured workers in North Carolina. Please read the below and contact your State Senator to protect our vulnerable law enforcement officers. Link to Senate Bill 402 Injured Law Enforcement officers currently are eligible to receive up to 2 years of full salary following an injury or occupational disease in lieu of the reduced wage loss benefit payable under the Workers’ Compensation Act, GS 97-29 (temporary total disability) or G.S. 97-30 (temporary partial disability). (See G.S. 143-166.13 et seq.) The current legal standard is that the officer can get this salary continuance if he is incapacitated from work (“disabled”) due to an “injury by accident or an occupational disease arising out of and in the course of the performance by him of his official duties.” If the officer’s incapacity to work continues beyond two years, he then gets benefits paid under the Workers’ Compensation Act which is paid at the lesser rate of 66% of his average weekly wage. (G.S. 143-166.14 as it presently exists). Proposed amendments in this Senate budget bill change the current “injury by accident” or “occupational disease” requirement for benefits to only those injuries by accident or occupational illnesses caused by “extreme activity.” Under the Workers’ Compensation Act, compensation is paid to all injured workers, not just law enforcement, due to disability caused by an “injury by accident” or “occupational disease” that occurs in the course and scope of one’s work. There is no “extreme activity” required for workers who are not law enforcement officers. This new Bill does not appear to provide benefits for those officers who are injured by accident or have contracted an occupational disease, but who haven’t been injured by extreme activity. All other workers in NC would be able to get G.S. 97-29 (Temporary total disability) or G.S. 97-30 (temporary partial disability) benefits during the first 2 years of disability after an on-the-job injury, but this Bill seems to prohibit LAW ENFORCEMENT Officers from those benefits — reducing our most vulnerable and helpful of public servants basic rights. Put another way, under the Senate Bill, injured LAW ENFORCEMENT Officers are “opted out” of the Workers’ Comp Act for the first two years, but not “opted in” if their on-the-job injury is not caused by “extreme activity.” What is “extreme activity?” No one knows. It is not defined in this change to the law. If you are sitting in your cruiser at a red light and get rear ended by a motorist who is not paying attention, and end up with neck surgery, was that injury caused by “extreme activity?” If you are chasing a suspect through a yard at night and you trip over a tree root and fall, and end up needing knee surgery, was that an “extreme activity?” So the definition will have to be litigated over the next decade or so as officers get injured and are denied their salary continuance or workers’ comp benefits. So, the question arises—will any wage loss benefits be payable to law enforcement officers who are merely “injured by accident” or by an “occupational disease” not related to “extreme activity” during the first two years of their disability or will our law enforcement officers have less rights than that of ordinary citizens in North Carolina. Here is the relevant portion: “§ 143-166.14. Payment of salary notwithstanding incapacity; Workers’ Compensation 27 Act applicable after two years; duration of payment. 28 The salary of any of the above listed persons eligible person shall be paid as long as his the 29 person’s employment in that position continues, notwithstanding his the person’s total or partial 30 incapacity to perform any duties to which he the person may be lawfully assigned, if that 31 incapacity is the result of an injury by accident or an occupational disease arising out of and in 32 the course of the performance by him of his or injuries due to extreme activity which occurred 33 in the course and scope of the eligible person’s official duties, except if that incapacity 34 continues for more than two years from its inception, the person shall, during the further 35 continuance of that incapacity, be subject to the provisions of Chapter 97 of the General 36 Statutes pertaining to workers’ compensation. Salary paid to a an eligible person pursuant to 37 this Article shall cease upon the resumption of his the person’s regularly assigned duties, 38 retirement, resignation, or death, whichever first occurs, except that temporary return to duty 39 shall not prohibit payment of salary for a subsequent period of incapacity which can be shown 40 to be directly related to the original injury.41 ” § 143-166.15. Application of § 97-27; how payments made. 42 Notwithstanding the provisions of G.S. 143-166.14 of this Article, the persons entitled to 43 benefits shall be subject to the provisions of G.S. 97-27 during the two-year period of payment 44 of full salary. All payments of salary shall be made at the same time and in the same manner as 45 other salaries are paid to other persons in the same department. 46 ” § 143-166.16. Effect on workers’ compensation and other benefits; application of § 47 97-24. 48 The provisions of G.S. 143-166.14 shall be in lieu of all compensation provided for the first 49 two years of incapacity by G.S. 97-29 and 97-30, but shall be in addition to any other benefits 50 or compensation to which such person shall be entitled under the provisions of the Workers’ 51 General Assembly Of North Carolina Session 2013 S402 [Edition 2] Page 395 Compensation Act. The provisions of G.S. 97-24 will commence at the end of the two-year 1 period for which salary is paid pursuant to G.S. 143-166.14. 2 ” § 143-166.17. Period of incapacity not charged against sick leave or other leave. 3 The period for which the salary of any person is paid pursuant to G.S. 143-166.14 while he 4 the person is incapacitated as a result of an injury by accident or an occupational disease arising 5 out of and in the course of the performance by him of his or injuries due to extreme activity 6 which occurred in the course and scope of the eligible person’s official duties, shall not be 7 charged against any sick or other leave to which he the person shall be entitled under any other 8 provision of law. 9 ” § 143-166.18. Report of incapacity. 10 Any person designated in G.S. 143-166.13, who, as a result of an injury by accident arising 11 out of and in the course of the performance by him of his or injuries due to extreme activity 12 which occurred in the course and scope of the eligible person’s official duties, is totally or 13 partially incapacitated to perform any duties to which he the person may be lawfully assigned, 14 shall report the incapacity as soon as practicable in the manner required by the secretary or 15 other head of the department to which the agency is assigned by statute. 16 ” § 143-166.19. Determination of cause and extent of incapacity; hearing before Industrial 17 Commission; appeal; effect of refusal to perform duties. 18 Upon the filing of the report, the secretary or other head of the department or, in the case of 19 the General Assembly, the Legislative Services Officer, shall determine the cause of the 20 incapacity and to what extent the claimant may be assigned to other than his the claimant’s 21 normal duties. The finding of the secretary or other head of the department shall determine the 22 right of the claimant to benefits under this Article. Notice of the finding shall be filed with the 23 North Carolina Industrial Commission. Unless the claimant, within 30 days after he receives 24 notice, files with the North Carolina Industrial Commission, upon the form it shall require, a 25 request for a hearing, the finding of the secretary or other department head shall be final. The 26 finding of the secretary or other department head shall be final unless the claimant, within 30 27 days of receipt of the notice, files a request for a hearing with the North Carolina Industrial 28 Commission using a form required by the Commission. Upon the filing of a request, the North 29 Carolina Industrial Commission shall proceed to hear the matter in accordance with its 30 regularly established procedure for hearing claims filed under the Worker’s Compensation Act, 31 and shall report its findings to the secretary or other head of the department. From the decision 32 of the North Carolina Industrial Commission, an appeal shall lie as in other matters heard and 33 determined by the Commission. Any person who refuses to perform any duties to which he the 34 person may be properly assigned as a result of the finding of the secretary, other head of the 35 department or of the North Carolina Industrial Commission shall be entitled to no benefits 36 pursuant to this Article as long as the refusal continues. 37 ” § 143-166.20. Subrogation. 38 The same rights and remedies set forth in G.S. 97-10.2 shall apply in all third party liability 39 cases occurring under this Article, including cases involving the right of the affected State 40 agency to recover the salary paid to an injured officer during his the officer’s period of 41 disability.” 42 SECTION 35.16.(b) This section becomes effective October 1, 2013, and applies 43 to incapacity commencing on or after that date. 44 45 SEPARATE INSURANCE BENEFITS PLAN ASSETS/PAYMENT OF HEALTH 46 INSURANCE PREMIUMS FOR LAW ENFORCEMENT OFFICERS 47 SECTION 35.17.(a) G.S. 143-166.60 is amended by adding a new subsection to 48 read: 49 “(d1) In addition to the benefits provided under subsection (d) of this section, the assets of 50 the Plan
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