Section 45-9-85 - Payment of indemnification for death or disability; procedure for making payments; appeal(a) As used in this Code section, the term:(1) "Nonroutine stressful or strenuous physical activity" means actions that are not clerical, administrative, or nonmanual in nature.(2) "Public safety officer"' means a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, state highway employee, or prison guard.(3) "Work related activity" means, while in the line of duty:(A) Engaging in a situation involving nonroutine stressful or strenuous physical activity related to law enforcement, fire suppression, rescue, hazardous material response, emergency medical services, prison or jail security, disaster relief, or any other emergency response; or(B) Participating in a training exercise involving nonroutine stressful or strenuous physical activity.(b) Indemnification shall be paid under this article as follows: (1) In the case of a partial permanent disability suffered in the line of duty by a public safety officer, the eligible disabled person may elect payment of $35,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum;(2) In the case of a total permanent disability suffered in the line of duty by a public safety officer, the injured person may elect to receive a payment of $75,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum;(3)(A) In the case of death suffered in the line of duty by a public safety officer, payment shall be made to: (i) The surviving unremarried spouse;(ii) The surviving children who are under the age of 19 or, if a student enrolled in an institution of postsecondary education at the time of such death, under the age of 24; or(iii) Individuals not otherwise provided for under this subparagraph who are the dependents of the spouse or deceased person as shown in the spouse's or deceased person's most recent tax return.(B) In the case of organic brain damage suffered in the line of duty by a public safety officer, payment shall be made to the legal guardian of the organically brain damaged person.(C) The surviving unremarried spouse, dependents, or the legal guardian may elect to receive payment in a lump sum payment of $150,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; or(4) A heart attack, stroke, or vascular rupture suffered by a public safety officer shall be presumed to qualify such public safety officer under this subsection if the heart attack, stroke, or vascular rupture:(A) Commenced:(i) While such public safety officer was performing work related activity;(ii) While such public safety officer was on duty after performing work related activity; or(iii) Not later than 24 hours after performing work related activity; and(B) Directly or proximately resulted in the death or partial or permanent disability of the public safety officer, unless competent medical evidence established that the heart attack, stroke, or vascular rupture was not related to the work related activity or was directly or proximately caused by something other than the mere presence of cardiovascular disease risk factors.(c) After the department, or the commissioner or his or her designee upon review of a denial by the department, determines that a public safety officer has suffered a total permanent disability, a partial permanent disability, organic brain damage, or death in the line of duty, the department shall be authorized to make the appropriate payments as provided in subsection (b) of this Code section.(d) If the department denies a claim, any person seeking benefits pursuant to this part may appeal the department's decision to the commissioner or his or her designee. Any such appeal shall be filed with the commissioner or his or her designee within 60 days of receipt of the department's decision and shall identify the errors in the department's decision. Appeals shall be considered by the commissioner or his or her designee as provided in Code Section 45-9-84.Amended by 2023 Ga. Laws 335,§ 1, eff. 5/3/2023.Amended by 2021 Ga. Laws 168,§ 1, eff. 7/1/2021.Amended by 2020 Ga. Laws 385,§ 1, eff. 7/1/2020.Amended by 2017 Ga. Laws 198,§ 4-1, eff. 7/1/2017.Amended by 2011 Ga. Laws 195,§ 1.1, eff. 7/1/2011.Amended by 2008 Ga. Laws 536,§ 1, eff. 7/1/2008.Amended by 2002 Ga. Laws 787, § 4, eff. 7/1/2002.Amended by 2002 Ga. Laws 952, §§ 7, 11 eff. 7/1/2002. See 2020 Ga. Laws 385, § 2.