A. Notwithstanding any other provision of law, a claim for workers' compensation benefits shall be deemed to be in the course of employment of any firefighter or law-enforcement officer who, in an off-duty capacity or outside an assigned shift or work location, undertakes any law-enforcement or rescue activity. Nothing in this section shall prohibit an employer from using any defense otherwise available under this title.
B. For purposes of this section:
"Firefighter" means all (i) salaried firefighters, including special forest wardens designated pursuant to § 10.1-1135, emergency medical services personnel, and arson investigators and (ii) volunteer firefighters and emergency medical services personnel, if the governing body of the political subdivision in which the principal office of such volunteer fire company or volunteer emergency medical services agency is located has adopted a resolution acknowledging such volunteer fire company or volunteer emergency medical services agency as employees for purposes of this title.
"Law-enforcement officer" means all (i) members of county, city, town, or authority police departments, (ii) sheriffs and deputy sheriffs, (iii) auxiliary or reserve police and auxiliary or reserve deputy sheriffs, if the governing body of the political subdivision in which the principal office of such auxiliary or reserve police and auxiliary or reserve deputy sheriff force is located has adopted a resolution acknowledging such auxiliary or reserve police and auxiliary or reserve deputy sheriffs as employees for purposes of this title, (iv) members of the State Police Officers' Retirement System, and (v) members of the Capitol Police as described in § 30-34.2:1.
1993, c. 719; 2001, c. 330; 2008, c. 109; 2015, cc. 502, 503.
Notes of Decisions
Medlin v. Cnty. of Henrico Police, 542 S.E.2d 33 (Va. Ct. App. 2001).
· cites it 2× “Code § 65.2-102 Presumption — Prima Facie Case In this matter of first impression before the Virginia appellate courts, we address the question of whether testimony which only generally refutes the existence of a causal relationship between work-related stress and heart disease…”
Waynesboro Police v. Coffey, 544 S.E.2d 860 (Va. Ct. App. 2001).
· cites it 2× “Statutory Presumption of Code § 65.2-102(3) Employer also contends the commission erred in finding that employer failed to rebut the presumption that Coffey’s heart disease was an occupational disease as provided in Code § 65.”
Hill v. Commonwealth, 553 S.E.2d 529 (Va. Ct. App. 2001).
“1-1, a person employed by the Department of Corrections directly involved in the care, treatment or supervision of inmates in the custody of the Department or a firefighter as defined in § 65.2-102, engaged in the performance of his public duties as such, such person shall be…”
Teresa Rena McClung v. Commonwealth, No. 0641012 (Va. Ct. App. July 16, 2002).
· cites it 11× “" She concedes that she failed to articulate this objection at trial and that the record contains no "definitive evidence" to prove that volunteer firefighters in Albemarle County are not firefighters as defined in Code § 65.2-102. However, she contends the - 2 - ends of justice…”
Luis Armando Solorzano v. Commonwealth, No. 2782064 (Va. Ct. App. Jan. 22, 2008).
“a firefighter as defined in § 65.2-102 . . . engaged in the performance of his public duties, such person is guilty of a Class 6 felony.”
Patrick Clay English v. Commonwealth, No. 0675023 (Va. Ct. App. Dec. 31, 2002).
“A touching is not unlawful if the person as defined in § 65.2-102, engaged in the performance of his public duties as such, such person shall be guilty of a Class 6 felony, and, upon conviction, the sentence of such person shall include a mandatory, minimum term of confinement…”
Va. Code Ann. § 65.2-102(3): 1 case
Waynesboro Police v. Coffey, 544 S.E.2d 860 (Va. Ct. App. 2001).
“Statutory Presumption of Code § 65.2-102(3) Employer also contends the commission erred in finding that employer failed to rebut the presumption that Coffey’s heart disease was an occupational disease as provided in Code § 65.”
Va. Code Ann. § 65.2-102(B): 1 case
Teresa Rena McClung v. Commonwealth, No. 0641012 (Va. Ct. App. July 16, 2002).
“" She concedes that she failed to articulate this objection at trial and that the record contains no "definitive evidence" to prove that volunteer firefighters in Albemarle County are not firefighters as defined in Code § 65.2-102. However, she contends the - 2 - ends of justice…”
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