Ga. Comp. R. & Regs. R. 292-1-.05 - Definitions

For the purpose of supplemental temporary disability compensation as authorized by O.C.G.A. 45-9-101et seq., as used in these rules, the term:

(a) "Fireman" means any person who is employed as a professional firefighter on a full-time basis by any municipal, county, or state government fire department employing three or more firemen and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property.

(b) "Full-time" means an employee who regularly works 30 hours a week.

(c) "In the line of duty" means:

(1) With respect to a fireman, while on duty and performing duties during any fire or other emergency or performing duties intended to protect life and property; or

(2) With respect to a law enforcement officer or fireman, while on duty and performing services for and receiving compensation from the law enforcement or fire service agency which employs such officer or fireman, while off duty and responding to any situation which would save a life or preserve the peace, or while preventing or attempting to prevent the commission of a crime or fire. A law enforcement officer or fireman who is performing duties for and receiving compensation from a private employer at the time of such officer's or fireman's bodily injury, but not permanent disability, shall not be considered in the line of duty unless the officer or fireman has left the scope of his or her employment for the private employer for the direct purpose of enforcing or attempting to enforce fire service, the criminal or traffic laws, preserving or attempting to preserve public order, protecting or attempting to protect life or property, preventing or attempting to prevent a crime, detecting or attempting to detect crime, or investigating or attempting to investigate crime. The determination that a law enforcement officer or fireman was disabled in the line of duty and is entitled to compensation pursuant to this part shall not be considered in the determination of the entitlement of such officer to workers' compensation disability, health, or other benefits from such officer's or fireman's public or private employer.

(d) "Injured in the line of duty" means an injury which arises out of or in the course of employment in the line of duty. Going to or from work shall not be considered in the line of duty.

(e) "Law enforcement officer" means any agent or officer of this state, or political subdivision or municipality thereof, who, as a fulltime employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes prison guards as defined under Code Section 45-9-81 and the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision and employees designated and delegated law enforcement powers by the Public Service Commission pursuant to Code Sections 46-7-28 and 46-11-6, which personnel have the duty to enforce the laws relating to motor carriers and the transportation of hazardous materials.

Notes

Ga. Comp. R. & Regs. R. 292-1-.05

O.C.G.A. Sec. 45-9-102.

Original Rule entitled "Definitions" adopted. F. Nov. 26, 2001; eff. Dec. 16, 2001.