This section applies to you if you are a LEOFF Plan 2 member who becomes disabled in the line of duty per RCW
41.26.470.
(1)
How is "line of duty" defined? Line of duty means any action or activity occurring in conjunction with your employment or your status as a law enforcement officer or firefighter and required or authorized by law, rule, regulations, or condition of employment or service. "Line of duty" has the same meaning as "course of employment" in worker's compensation law, under RCW
51.08.013. If you have multiple conditions, some duty-related and some not, you may still qualify for a duty-related disability if:
(a) The duty-related condition or conditions, standing alone, would render you disabled; or
(b) The duty-related incident or incidents were the proximate cause of the disabling condition.
(2) What if I have a preexisting condition? The presence of a preexisting condition does not by itself disqualify a member from receiving benefits for duty-related disability.
Example: | A LEOFF Plan 2 member has asymptomatic congenital osteoarthritis, a degenerative joint disease. While on duty, the member suffered a knee injury. Absent the osteoarthritis, the knee injury may not have been disabling. However, the preexisting degenerative joint disease prevented full recovery from the injury, leaving the member unable to resume LEOFF duties. In this case, the member could qualify for a LEOFF plan 2 duty disability benefit. |
(3)
When are the duty disability provisions effective? The duty disability provisions under RCW
41.26.470 (6) and (7) are effective June 10, 2004.
[Statutory Authority: RCW
41.50.050. WSR 18-13-078, § 415-104-479, filed 6/15/18, effective 7/16/18.]