This text of Louisiana § 23:1036.1 (Volunteer firefighters; coverage for posttraumatic stress injury; presumption of) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§1036.1. Volunteer firefighters; coverage for posttraumatic stress injury; presumption of
compensability
A. Any workers' compensation policy which provides coverage for a volunteer
member of a fire company, pursuant to R.S. 23:1036, shall include coverage for
posttraumatic stress injury.
B. For purposes of this Section, the following definitions shall apply:
(1)"Posttraumatic stress injury" means those injuries which are defined as
"posttraumatic stress disorder" by the most recently published edition of the Diagnostic and
Statistical Manual of Mental Disorders by the American Psychiatric Association caused by
an event occurring in the course and scope of employment.
(2)"Psychiatrist" shall have the same meaning as it is defined pursuant to R.S.
23:1371.1.
(3)"Psychologist" shall have t
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§1036.1. Volunteer firefighters; coverage for posttraumatic stress injury; presumption of
compensability
A. Any workers' compensation policy which provides coverage for a volunteer
member of a fire company, pursuant to R.S. 23:1036, shall include coverage for
posttraumatic stress injury.
B. For purposes of this Section, the following definitions shall apply:
(1) "Posttraumatic stress injury" means those injuries which are defined as
"posttraumatic stress disorder" by the most recently published edition of the Diagnostic and
Statistical Manual of Mental Disorders by the American Psychiatric Association caused by
an event occurring in the course and scope of employment.
(2) "Psychiatrist" shall have the same meaning as it is defined pursuant to R.S.
23:1371.1.
(3) "Psychologist" shall have the same meaning as it is defined pursuant to R.S.
23:1371.1.
(4) "Volunteer member" shall have the same meaning as it is defined pursuant to
R.S. 23:1036.
(5) "Volunteer service" means that service performed by a volunteer member, for one
or more fire companies, who is entitled to workers' compensation benefits pursuant to R.S.
23:1036.
C.(1) Any volunteer member who is diagnosed by a psychiatrist or psychologist with
posttraumatic stress injury, either during his period of voluntary service or thereafter, shall
be presumed, prima facie, to have a disease or infirmity connected with his volunteer service.
(2) Once diagnosed with posttraumatic stress injury as provided for in Paragraph (1)
of this Subsection, the volunteer member affected or his survivors shall be entitled to all
rights and benefits as granted by state laws to one suffering an occupational disease and is
entitled as service connected in the line of duty, regardless of whether he is engaged in
volunteer service at the time of diagnosis.
D. A posttraumatic stress injury that arises solely from a legitimate personnel action
such as a transfer, promotion, demotion, or termination, is not a compensable injury pursuant
to this Chapter.