North Carolina § 143-166 - 2. Definitions.

§ 143-166. 2. Definitions.

The following definitions apply in this Article: Covered person. - This term shall apply to all of the following individuals: Firefighters. Law enforcement officers. Noncustodial employees of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. Rescue squad workers. Senior Civil Air Patrol members. Custodial employee. - An employee of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety who is a detention officer or a correctional officer or who otherwise has direct care and control over individuals in the custody of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. Dependent child. - Any unmarried child of the deceased covered person, whether natural, adopted, posthumously born or whether a child born out of wedlock as entitled to inherit under the Intestate Succession Act, who is under 18 years of age and dependent upon and receiving his or her chief support from the covered person at the time of the covered person's death; provided, however, that if a dependent child is entitled to receive benefits at the time of the covered person's death as hereinafter provided, the child shall continue to be eligible to receive such benefits regardless of his or her age thereafter. This term also includes any child over 18 years of age who is physically or mentally incapable of earning a living. Any child over 18 years of age who was enrolled as a full-time student at the time of the covered person's death shall, so long as the child remains a full-time student as defined in the Social Security Act, be regarded as a dependent child and eligible to receive benefits under the provisions of this Article. Dependent parent. - The parent of the deceased covered person, whether natural or adoptive, who was dependent upon and receiving his or her total and entire support from the covered person at the time of the injury that resulted in that covered person's death. Firefighter. - This term shall apply to all of the following individuals: Firefighters as defined in G.S. 58-84-5. Eligible firefighters as defined in G.S. 58-86-2, notwithstanding any age requirements set out in Article 86 of Chapter 58 of the General Statutes. Full-time, permanent part-time, and temporary employees of the North Carolina Forest Service of the Department of Agriculture and Consumer Services during the time they are actively engaged in firefighting activities or emergency response activities pursuant to G.S. 166A-19.77. Full-time employees of the North Carolina Department of Insurance during the time they are actively engaged in firefighting activities and during the time they are training firefighters. County fire marshals when engaged in the performance of their county duties. All otherwise eligible individuals who, while actively engaged as firefighters, are acting in the capacity of a fire instructor outside their own department or squad. Killed in the line of duty. - This term shall apply to all of the following deaths: The death of any law-enforcement officer, firefighter, or rescue squad worker who is killed or dies as a result of bodily injuries sustained or extreme exercise or extreme activity experienced in the course and scope of his or her official duties while in the discharge of his or her official duty or duties. The death of a senior Civil Air Patrol member who is killed or dies as a result of bodily injuries sustained or extreme exercise or extreme activity experienced in the course and scope of his or her official duties while engaged in a State requested and approved mission pursuant to Article 13 of Chapter 143B of the General Statutes. The death of a noncustodial employee who, while performing his or her official duties, is killed in a manner reasonably determined by the Industrial Commission to be directly caused by an individual or individuals in the custody of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. When the death of a law enforcement officer, firefighter, rescue squad worker, or senior Civil Air Patrol member occurs as the direct and proximate result of a myocardial infarction suffered while on duty or within 24 hours after participating in a training exercise or responding to an emergency situation, the law enforcement officer, firefighter, rescue squad worker, or senior Civil Air Patrol member is presumed to have been killed in the line of duty. When the death of a firefighter occurs as a direct and proximate result of any of the following cancers that are occupationally related to firefighting, that firefighter is presumed to have been killed in the line of duty: Mesothelioma. Testicular cancer. Intestinal cancer. Esophageal cancer. Law enforcement officer or officer. - This term shall apply to all of the following individuals: Sheriffs and all law-enforcement officers employed full-time, permanent part-time, or temporarily by a sheriff, the State of North Carolina, or any county or municipality thereof, whether paid or unpaid. Full-time custodial employees and probation and parole officers of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. Full-time institutional and full-time, permanent part-time, and temporary detention employees of the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. Full-time, permanent part-time, and temporary detention officers employed by any sheriff, county or municipality, whether paid or unpaid. (For effective date and applicability, see editor's note) Murdered in the line of duty. - The death of a covered person who was killed in the line of duty in a manner reasonably determined by the Industrial Commission to be directly caused by the intentional harmful act of another person. Noncustodial employee. - An employee of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety who is not a custodial employee. Official duties. - All duties to which an individual is assigned as part of the individual's job function. This term shall also include those duties performed by an individual while (i) en route to, engaged in, or returning from training; (ii) in the course of responding to, engaged in, or returning from a call by the department of which the individual is a member; or (iii) in the course of responding to, engaged in, or returning from a call for assistance from any department or organization within the State of North Carolina or within a service area contiguous to the borders of the State of North Carolina when served or aided by a department from within the State of North Carolina. While within the State of North Carolina, any covered person who renders service or assistance, of his or her own volition, at the scene of an emergency, is performing his or her official duties when both of the following apply: Reasonably apparent circumstances require prompt decisions and actions to protect persons and property. The necessity of immediate action is so reasonably apparent that any delay in acting would seriously worsen the property damage or endanger any individual's life. Rescue squad worker. - This term shall apply to all of the following individuals: Individuals who are dedicated to the purpose of alleviating human suffering and assisting anyone who is in difficulty or who is injured or becomes suddenly ill by providing the proper and efficient care or emergency medical services. In addition, these individuals must belong to an organized rescue squad that is eligible for membership in the North Carolina Association of Rescue and Emergency Medical Services, Inc., and must have attended a minimum of 36 hours of training in the last calendar year. Each rescue squad belonging to the North Carolina Association of Rescue and Emergency Medical Services, Inc., must file a roster of those members meeting the above requirements with the State Treasurer on or about January 31 of each year, and this roster must be certified to by the secretary of said association. Members of an ambulance service certified by the Department of Health and Human Services pursuant to Article 7 of Chapter 131E of the General Statutes. The Department of Health and Human Services shall furnish a list of ambulance service members to the State Treasurer on or about January 31 of each year. County emergency services coordinators when engaged in the performance of their county duties. Full-time employees of the North Carolina Department of Insurance during the time they are training rescue squad workers and during the time they are engaged in activities as members of the State Emergency Response Team when the State Emergency Response Team has been activated. All otherwise eligible individuals who, while actively engaged as rescue squad workers, are acting in the capacity of a rescue instructor outside their own department or squad. Senior Civil Air Patrol members. - Senior members of the North Carolina Wing-Civil Air Patrol who are 18 years of age or older and currently certified pursuant to G.S. 143B-1031. Spouse. - The wife or husband of the deceased covered person who survives him or her and who was residing with the covered person at the time of and during the six months next preceding the date of injury to the covered person that resulted in his or her death and who also resided with the covered person from that date of injury up to and at the time of his or her death and provided, however, the six-month residency requirement shall not apply where the marriage occurred during this six-month period or where the covered person was absent during this six-month period due to service in the Armed Forces of the United States. History (1959, c. 1323, s. 1; 1965, c. 937; 1969, c. 1025; 1973, c. 634, s. 2; c. 955, ss. 1, 2; 1975, c. 19, s. 49; c. 284, s. 7; 1977, c. 1048; 1979, c. 516, ss. 2, 3; c. 869; 1981, c. 944, s. 1; 1983, c. 761, s. 237; 1987, c. 812; 1987 (Reg. Sess., 1988), c. 1050, s. 1; 1989, c. 727, s. 218(97); 1989 (Reg. Sess., 1990), c. 1024, s. 32; 1991 (Reg. Sess., 1992), c. 833, s. 5; 1997-443, ss. 11A.118(a), 11A.119(a); 2000-137, s. 4(y); 2003-284, s. 30.18A(b); 2004-124, s. 31.18C(a); 2005-276, s. 29.30C; 2005-376, s. 1; 2008-163, s. 1; 2011-145, ss. 13.25(ss), 19.1(h), ( l ); 2011-183, s. 104; 2012-83, s. 46; 2013-155, s. 20; 2013-198, s. 27; 2013-288, s. 10; 2015-88, s. 8; 2016-94, s. 22.1(a); 2017-57, s. 21.1; 2017-186, s. 2(bbbbbb); 2018-5, s. 35.29(a); 2019-228, s. 2(a).) Editor's Note. - Subsection (d), as amended by Session Laws 2004-124, s. 31.18C(c), effective July 20, 2004, is applicable to persons killed in the line of duty on or after July 20, 2004, and the subsequent amendment by Session Laws 2005-376, s. 1, effective November 1, 2004, is applicable to all deaths occurring on or after November 1, 2004. Session Laws 2008-163, s. 2, provides: "This act [s. 1 of which amended subsection (d)] becomes effective June 1, 2008, and applies to workers' compensation claims arising from injuries occurring on or after that date and to death benefits awarded on or after that date under Article 12A of Chapter 143 of the General Statutes." Session Laws 2016-94, s. 22.1(b), made the amendment of subsection (c) by Session Laws 2016-94, s. 22.1(a), applicable to deaths occurring on or after October 1, 2016. Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'" Session Laws 2016-94, s. 39.7, is a severability clause. Session Laws 2018-5, s. 35.29(d), made the rewriting of this section by Session Laws 2018-5, s. 35.29(a), effective retroactively to April 1, 2017, and applicable to qualifying deaths occurring on or after that date. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.7, is a severability clause. Session Laws 2019-228, s. 2(c), made subdivision (7a), as added by Session Laws 2019-228, s. 2(a), effective upon appropriation by the General Assembly of funds for the implementation of this section and applicable to qualifying deaths occurring on or after July 1, 2016. Such funds were appropriated by Session Laws 2020-86, ss. 1, 2, which provide: "SECTION 1. There is transferred from the Statewide Misdemeanant Confinement Fund (Budget Code: 24550; Fund Code: 2325) to the Department of State Treasurer (Budget Code: 13412; Fund Code: 1432) the sum of one million two hundred thousand dollars ($1,200,000) in nonrecurring funds for the 2020-2021 fiscal year. "SECTION 2. The funds transferred in Section 1 of this act are appropriated in nonrecurring funds for the 2020-2021 fiscal year to pay benefits provided under Conner's Law, S.L. 2019-228." Effect of Amendments. - Session Laws 2005-276, s. 29.30C, effective July 1, 2005, substituted "law enforcement officer, fireman, rescue squad worker, or senior Civil Air Patrol member" for "fireman" twice in the last sentence of subsection (c). Session Laws 2011-145, s. 13.25(ss), effective July 1, 2011, in the second sentence of subsection (d), deleted "North Carolina" preceding "Division of Forest Resources" and substituted "Department of Agriculture and Consumer Services" for "Department of Environment and Natural Resources." Session Laws 2011-145, s. 19.1(h), effective January 1, 2012, substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" in subsection (d). Session Laws 2011-145, s. 19.1(l), effective January 1, 2012, substituted "Division of Juvenile Justice of the Department of Public Safety" for "Department of Juvenile Justice and Delinquency Prevention" in subsection (d). Session Laws 2011-183, s. 104, effective June 20, 2011, substituted "Armed Forces of the United States" for "armed forces of this country" at the end of subsection (e). Session Laws 2012-83, s. 46, effective June 26, 2012, in subsection (d), in the first sentence deleted "North Carolina" preceding "Division of Adult Correction of the Department of Public Safety," and near the end substituted "G.S. 143B-1031" for "G.S. 143B-491(a)." Session Laws 2013-155, s. 20, effective July 1, 2013, in subsection (d), substituted "North Carolina Forest Service of the" for "Division of Forest Resources" and "or engaged in emergency response activities pursuant to G.S. 166A-19.77 " for "G.S. 155A-19.77" and made minor punctuation changes throughout. Session Laws 2013-198, s. 27, effective June 26, 2013, substituted "a child born out of wedlock" for "an illegitimate child" in subsection (a); and substituted "Article 13 of Chapter 143B " for "Article 11 of Chapter 143B [Article 13 of Chapter 143B]." Session Laws 2013-288, s. 10, effective July 1, 2013, in subsection (d), substituted "Article 86 of Chapter 58 of the General Statutes, notwithstanding any age requirements set out in that Article" for "G.S. 58-86-25," in the second sentence, substituted "and Emergency Medical Services" for "Squads" in the third and fourth sentences, and substituted "January 31" for "January 1" in the fourth and sixth sentences, and deleted "and meetings" following "36 hours of training" in the third sentence. Session Laws 2015-88, s. 8, effective July 1, 2015, substituted "firefighter" for "fireman" throughout the section; inserted "firefighter or firemen as defined in G.S. 58-84-5 (3a), or" following "mean both" in the second sentence in subsection (d); in subsection (e), substituted "his or her" for "his" twice, and deleted " who remains unmarried during the time benefits are forthcoming" following "and at the time of his or her death and." Session Laws 2016-94, s. 22.1(a), effective October 1, 2016, added the last sentence in subsection (c); and added subdivisions (c)(1) through (c)(3). See editor's note for applicability. Session Laws 2017-57, s. 21.1, effective July 1, 2017, added subdivision (c)(4). Session Laws 2017-186, s. 2(bbbbbb), effective December 1, 2017, in the first sentence of subsection (d), inserted "and Juvenile Justice" and substituted "Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice" for "Division of Juvenile Justice." Session Laws 2018-5, s. 35.29(a), rewrote the section. For effective date and applicability, see editor's note. Session Laws 2019-228, s. 2(a), added subdivision (7a). For effective date and applicability, see editor's note. Legal Periodicals. - For casenote, "The Established Standard for Fathers Who Have Acknowledged Paternity and Who Are Seeking Custody of Their Illegitimate Child(ren): Rosero v. Blake, 357 N.C. 193 (2003)," see 26 N.C. Cent. L.J. 116 (2003).