§ 33:2581.2 — Posttraumatic stress injury; presumption of compensability

Louisiana § 33:2581.2

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§2581.2. Posttraumatic stress injury; presumption of compensability
A. Except as provided in Subsection E of this Section, any benefit payable to any
emergency medical services personnel, any employee of a police department, or any fire
employee for temporary and permanent disability when the employee suffers an injury or
disease arising out of and in the course and scope of his employment, shall include coverage
for posttraumatic stress injury.
B. For purposes of this Section, the following definitions shall apply:
(1) "Emergency medical services personnel" shall have the same meaning as it is
defined pursuant to R.S. 40:1075.3 so long as the emergency medical services personnel is
employed pursuant to this Chapter.
(2) "Employee of a police department" shall have the same meaning as it is defined
pursuant to R.S. 33:2211.
(3) "Fire employee" means any person employed in the fire department of any
municipality, parish, or fire protection district that maintains full-time regularly paid fire
department employment, regardless of the specific duties of such person within the fire
department. "Fire employee" also includes employees of nonprofit corporations under
contract with a fire protection district or other political subdivision to provide fire protection
services, including operators of the fire-alarm system when such operators are members of
the regularly constituted fire department.
(4) "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.
(5) "Psychiatrist" shall have the same meaning as it is defined pursuant to R.S.
23:1371.1.
(6) "Psychologist" shall have the same meaning as it is defined pursuant to R.S.
23:1371.1.
C. Except as provided in Subsection E of this Section:
(1) Any emergency medical services personnel, any employee of a police department,
any fire employee, or any volunteer fireman who is diagnosed by a psychiatrist or
psychologist with posttraumatic stress injury, either during employment in the classified
service in the state of Louisiana pursuant to this Chapter or thereafter, shall be presumed,
prima facie, to have a disease or infirmity connected with his employment.
(2) Once diagnosed with posttraumatic stress injury as provided for in Paragraph (1)
of this Subsection, the employee affected or his survivors shall be entitled to all rights and
benefits as granted by state law to one suffering an occupational disease and who is entitled
as service connected in the line of duty, regardless of whether the employee is employed 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.
E.(1) Nothing in this Section shall modify the qualifications necessary to establish
eligibility to receive benefits or the calculation of benefits to be paid under any Louisiana
public pension or retirement system, plan, or fund.
(2) In case of a conflict between any provision of Title 11 of the Louisiana Revised
Statutes of 1950, including any provision in Subpart E of Part II of Chapter 4 of Title 11 of
the Louisiana Revised Statutes of 1950, and any provision of this Section, the provision of
Title 11 of the Louisiana Revised Statutes of 1950 shall control.

Legislative History

Acts 2019, No. 122, §2.