                                 CODE OF VIRGINIA

ALLOWANCES TO INJURED OFFICIALS AND EMPLOYEES AND THEIR DEPENDENTS (§
15.2-1511)

The governing body of any locality is authorized in its discretion to make
allowances by appropriation of funds, payable in monthly or semimonthly
installments, for the relief of any of its officials, employees, police
officers, firefighters, sheriffs or deputy sheriffs, town sergeants and town
deputy sergeants, or their dependents, who suffer injury or death as defined in
Title 65.2, whether such injury was suffered or death occurs before or after
June 29, 1948 (which date is the effective date of the section). The allowance
shall not exceed the salary or wage being paid such official, employee, police
officer, firefighter, sheriff or deputy sheriff, town sergeants and town deputy
sergeants, at the time of such injury or death, and the payment of the allowance
shall not extend beyond the period of disability resulting from such injury. In
case death results from the injury, the allowance may be made for the dependents
as defined in Title 65.2. In localities which have established retirement or
pension systems for injured, retired or superannuated officials, employees,
members of police or fire departments, sheriffs, deputy sheriffs, town sergeants
and deputy sergeants, or for the dependents of those killed in line of duty, the
agencies provided for the administration of such systems shall determine the
existence of such injury or cause of death before any appropriation to pay such
allowance is made and shall determine the extent of and period of disability
resulting from such injury and the cause in case of death. All sums paid to any
such official, employee, police officer, firefighter, sheriff or deputy sheriff,
town sergeants and deputy sergeants, as compensation under Title 65.2 and all
sums paid to the dependents of such official, employee, police officer,
firefighter, sheriff or deputy sheriff, town sergeant and deputy sergeant, if he
is killed, and all sums paid under any retirement or pension system shall be
deducted from the allowance made under this section in such installments as the
agency determines. If the agency determines that any official, employee, police
officer, firefighter, sheriff or deputy sheriff, town sergeant and deputy
sergeant, who suffered injury in the line of duty is engaged or is able to
engage in a gainful occupation, then the allowance shall be reduced by the
agency to an amount which, together with the amount earnable by him, equals the
allowance. Should the earning capacity of the official, employee, police
officer, firefighter, sheriff or deputy sheriff, town sergeant and deputy
sergeant, be later changed, such allowance may be further modified, up or down,
provided the new allowance shall not exceed the amount of the allowance
originally made nor an amount which, when added to the amount earnable by him,
exceeds such allowance.
		The death of, or any condition or impairment of health of, any member of a
local police department, or of a sheriff or deputy sheriff, caused by
hypertension or heart disease resulting in total or partial disability shall be
presumed to have been suffered in the line of duty unless the contrary be shown
by competent evidence; provided that prior to making any claim based upon such
presumption for retirement, sickness or other benefits on account of such death
or total or partial disability, such member, sheriff, or deputy sheriff, shall
have been found free from hypertension or heart disease, as the case may be, by
a physical examination which shall include such appropriate laboratory and other
diagnostic studies as such governing body shall prescribe and which shall have
been conducted by physicians whose qualifications shall have been prescribed by
such governing body. In the case of a claim for disability, that any such
member, sheriff, or deputy sheriff, shall, if requested by such governing body
or its authorized representative, submit himself to physical examination by any
physician designated by such governing body, such examination to include such
tests or studies as may reasonably be prescribed by the physician so designated.
Such member, sheriff or deputy sheriff, or claimant shall have the right to have
present at such examination, at his own expense, any qualified physician he may
designate. In the case of a claim for death benefits, any person entitled to
make a claim for such benefits, claiming that such person&#8217;s death was
suffered in the line of duty, shall submit the body of the deceased to a
postmortem examination to be performed by the medical examiner for the county,
city or town appointed under § 32.1-282.

HISTORY: Code 1950, § 15-555; 1950, p. 315; 1954, c. 246; 1960, c. 487; 1962,
c. 623, § 15.1-134; 1971, Ex. Sess., c. 155; 1973, c. 499; 1976, c. 769; 1977,
c. 326; 1997, c. 587.