Death or permanent and total disability; intent

Rule 8. The commission shall consider at least all of the following factors in determining whether the officer intended to bring about the officer's own death or injury: (a) Whether the death or permanent and total disability was caused by insanity, through an uncontrollable impulse or without conscious volition to produce death or injury. (b) Whether the officer had a prior history of attempted suicide or attempts to cause physical incapacitation. (c) Whether the officer's intent to bring about his or her death or injury was a substantial factor in the officer's death or permanent and total disability. (d) The existence of an intervening force or action which would have independently caused the officer's death or permanent and total disability and which would not otherwise prohibit payment of a benefit under the act.

History: 2005 AACS.