§ 7-51-206 — James "Dustin" Samples Act - PTSD workers' compensation claims for firefighters

Tennessee § 7-51-206

• Jurisdiction: Tennessee
• Title: 7

Text

(a) This section is known and may be cited as the "James 'Dustin' Samples Act." (b) As used in this section: (1) "Employer" means a municipality, county, metropolitan form of government, or other political subdivision of this state that employs firefighters; (2) "Fire department": (A) Means a department of a municipality, county, or political subdivision, or an organization, agency, or entity that offers its services, for or without pay, for the purpose of suppressing fires, performing rescue services, or for other emergency response purposes; and (B) Does not include law enforcement agencies, emergency medical agencies licensed by the Tennessee emergency medical services board, and rescue squads that do not provide fire protection; (3) "Firefighter": (A) Means a regular or full-time, paid employee of the fire department of a municipality, county, municipal form of government, or other political subdivision of this state whose duties require the employee to actively engage in fire suppression, rescue services, or other emergency response tasks; and (B) Includes employees whose previous duties required the employee to respond to and be actively engaged in fire suppression, rescue services, or other emergency response tasks; (4) "In the line of duty" means in the course of employment and in the actual discharge of the duties of the position; (5) "Mental health professional" means an individual professionally licensed in this state to diagnose and treat post-traumatic stress disorders; (6) "Minor" means an individual who has not attained eighteen (18) years of age; (7) "Post-traumatic stress disorder" has the same meaning as defined in the most recent publication of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association; and (8) "Serious bodily injury" means bodily injury that involves: (A) A substantial risk of death; (B) Protracted unconsciousness; (C) Extreme physical pain; (D) Protracted or obvious disfigurement; or (E) Protracted loss or substantial impairment of a bodily member, organ, or mental faculty. (c) (1) If a firefighter is diagnosed with post-traumatic stress disorder by a mental health professional as a result of responding to one (1) or more incidents with at least one (1) of the factors listed under subdivisions (c)(2)(A)-(D), then the injury is presumed to have been incurred in the line of duty and is compensable under the Workers' Compensation Law, compiled in title 50, chapter 6, unless it is shown by a preponderance of the evidence that the post-traumatic stress disorder was caused by non-service-connected risk factors or non-service-connected exposure. (2) The factors to be considered for purposes of determining whether an injury is presumed to have been incurred in the line of duty are as follows: (A) Directly witnessing the death of a minor, or treating the injury of a minor, who subsequently died before or upon arrival at a hospital emergency department; (B) Directly witnessing an individual whose death involved a serious bodily injury of a nature that shocks the conscience; (C) Responding to an event where there was a victim with a serious bodily injury that shocks the conscience; or (D) Responding to an event where a responder, co-worker of a responder, or family member of a responder sustained a serious bodily injury or died. (d) This section applies to a firefighter who is diagnosed with post-traumatic stress disorder within one (1) year of the firefighter's final date of employment with the employer fire department. (e) A mental condition resulting solely from disciplinary action, work evaluation, job transfer, layoff, demotion, termination, or similar action taken in good faith by the employer is not considered an injury sustained in the line of duty under this section.

Legislative History

Added by 2023 Tenn. Acts, ch. 465, s 1, eff. 5/17/2023.