65.2-102 - Coverage of firefighters and law-enforcement officers in off-duty capacity.
§ 65.2-102. Coverage of firefighters and law-enforcement officers in off-dutycapacity.
A. Notwithstanding any other provision of law, a claim for workers'compensation benefits shall be deemed to be in the course of employment ofany firefighter or law-enforcement officer who, in an off-duty capacity oroutside an assigned shift or work location, undertakes any law-enforcement orrescue activity. Nothing in this section shall prohibit an employer fromusing any defense otherwise available under this title.
B. For purposes of this section:
"Firefighter" means all (i) salaried firefighters, including special forestwardens designated pursuant to § 10.1-1135, emergency medical technicians,lifesaving and rescue squad members, and arson investigators and (ii)volunteer firefighters and lifesaving or rescue squad members, if thegoverning body of the political subdivision in which the principal office ofsuch volunteer fire company or volunteer lifesaving or rescue squad islocated has adopted a resolution acknowledging such volunteer fire company orvolunteer lifesaving and rescue squad as employees for purposes of this title.
"Law-enforcement officer" means all (i) members of county, city, town orauthority police departments, (ii) sheriffs and deputy sheriffs, (iii)auxiliary or reserve police and auxiliary or reserve deputy sheriffs, if thegoverning body of the political subdivision in which the principal office ofsuch auxiliary or reserve police and auxiliary or reserve deputy sheriffforce is located has adopted a resolution acknowledging such auxiliary orreserve police and auxiliary or reserve deputy sheriffs as employees forpurposes of this title, (iv) members of the State Police Officers' RetirementSystem, and (v) members of the Capitol Police as described in § 30-34.2:1.
(1993, c. 719; 2001, c. 330; 2008, c. 109.)