81-8,316.

Terms, defined.

For purposes of the In the Line of Duty Compensation Act:

(1) Firefighter means a member of a paid or volunteer fire department in Nebraska, including a member of a rescue squad associated with a paid or volunteer fire department in Nebraska;

(2)(a) Killed in the line of duty means losing one's life as a result of an injury or illness arising on or after January 1, 2022, in connection with the active performance of duties as a public safety officer if the death occurs within three years from the date the injury was received or illness was diagnosed and if that injury or illness arose from violence or other accidental cause.

(b) An injury or illness shall be presumed to have arisen in connection with the active performance of duties as a public safety officer if:

(i) The injury or illness is a heart attack, stroke, or vascular rupture that occurred or the symptoms of such injury or illness manifested while the public safety officer was engaged in, or within twenty-four hours after, nonroutine stressful or strenuous activity in the line of duty;

(ii) The public safety officer was exposed to any toxin or carcinogen while on duty and the public safety officer began service no fewer than five years prior to the date of a diagnosis of an exposure-related cancer; or

(iii) The public safety officer was exposed to cumulative traumatic events while on duty, such exposure was a substantial contributing factor in the death of the public safety officer, and either:

(A) The public safety officer was diagnosed by a licensed medical or mental health professional with an injury or illness related to such exposure; or

(B) There is evidence that the public safety officer attempted to receive help, treatment, or diagnosis for an injury or illness related to such exposure.

(c)(i) The presumption in subdivision (2)(b)(i) of this section may be overcome by competent medical evidence that establishes the death was:

(A) Unrelated to the engagement or participation in activities in the line of duty; or

(B) Caused by something other than such engagement or participation or the mere presence of cardiovascular disease risk factors.

(ii) The presumption in subdivision (2)(b)(ii) of this section may be overcome by competent medical evidence that establishes the exposure to the toxin or carcinogen was not a substantial contributing factor in the death of the public safety officer.

(d) Killed in the line of duty excludes death resulting from the willful misconduct or intoxication of the public safety officer;

(3) Law enforcement officer has the same meaning as in section 81-1401;

(4) Public safety officer means:

(a) A firefighter;

(b) A law enforcement officer;

(c) A member of an emergency medical services ambulance squad operated by a political subdivision or by a private, nonprofit ambulance service, but excluding any employee of a private, for-profit ambulance service; or

(d) A correctional officer employed by a jail or by the Department of Correctional Services;

(5) Risk Manager means the Risk Manager appointed under section 81-8,239.01; and

(6) State Claims Board means the board created under section 81-8,220.