(A) The Emergency Management Agency personnel who, while engaged in a disaster or disaster training exercise, suffers disease, injury or death, shall, for the purposes of benefits under the Workers’ Compensation Act or Workers’ Occupational Diseases Act only, be deemed to be employees of the state, if:
(1) The claimant is duly qualified and enrolled (sworn in) as a volunteer of the State Emergency Management Agency or an emergency management agency accredited by the State Emergency Management Agency; and
(2) The claimant was participating in an actual disaster as defined in § 32.22 of this chapter (§ 4 of the IEMA Act) or the exercise participated in was specifically and expressly approved by the State Emergency Management Agency.
(B) The State Emergency Management Agency shall use the same criteria for approving an exercise and utilizing state volunteers, as required for any political subdivision.
(C) The computation of benefits payable under either of those acts shall be based on the income commensurate with comparable state employees doing the same type work, or income from the person’s regular employment, whichever is greater.
(D) Additionally, sworn personnel of the Emergency Management Agency will be considered regular employees of county government for the purposes of benefits under the Workers’ Compensation Act or the Workers’ Occupational Diseases Act.
(Ord. 2011-04, passed 6-21-2011)