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2019 Regular Session
SENATE BILL NO. 107
BY SENATORS GATTI, BISHOP, CARTER AND JOHNS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC EMPLOYEES. Adds post traumatic stress disorder to the list of injuries which are
compensable for injured public employees. (8/1/19)
1 AN ACT
2 To amend and reenact R.S. 40:1374 and to enact R.S. 13:5555, R.S. 23:1036.1, and R.S.
3 33:2581.2, relative to financial security for certain public employees; to provide for
4 workers' compensation; to provide for certain sheriffs and deputy sheriffs; to provide
5 for certain fire employees; to provide for certain volunteer firefighters; to provide for
6 certain emergency medical services personnel; to provide for certain employees of
7 police departments; to provide for certain employees of state police; to provide for
8 post traumatic stress disorder as a compensable injury when the injury is suffered by
9 certain employees; to provide for definitions; to provide for legal presumptions; to
10 provide for rebuttal evidence; and to provide for related matters.
11 Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 13:5555 is hereby enacted to read as follows:
13 §5555. Sheriffs and deputy sheriffs injured in the line of duty; benefits; post
14 traumatic stress injury; presumption of compensability; rebuttal
15 evidence
16 A. Any benefit payable to a sheriff or deputy sheriff which provides
17 coverage for temporary or permanent disability to all sheriffs or sheriff's
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1 deputies who suffer an injury or disease arising out of and in the course and
2 scope of their employment shall include coverage for post traumatic stress
3 injury.
4 B. For purposes of this Section, the following definitions shall apply:
5 (1) "Post traumatic stress injury" means those injuries which are defined
6 as "post traumatic stress disorder" by the most recently published edition of the
7 Diagnostic and Statistical Manual of Mental Disorders by the American
8 Psychiatric Association.
9 (2) "Psychiatrist" shall have the same meaning as it is defined pursuant
10 to R.S. 23:1371.1.
11 (3) "Psychologist" shall have the same meaning as it is defined pursuant
12 to R.S. 23:1371.1.
13 C.(1) Any sheriff or deputy sheriff who is diagnosed by a psychiatrist or
14 psychologist with post traumatic stress injury, either during employment or
15 thereafter, shall be presumed, prima facie, to have a disease or infirmity
16 connected with his employment.
17 (2) Once diagnosed with post traumatic stress injury as provided for in
18 Paragraph (1) of this Subsection, the sheriff or deputy sheriff affected or his
19 survivors shall be entitled to all rights and benefits as granted by state law to
20 one suffering an occupational disease and who is entitled as service connected
21 in the line of duty, regardless of whether the employee is employed at the time
22 of diagnosis. Such disease or infirmity shall be presumed, prima facie, to have
23 developed during employment and shall be presumed, prima facie, to have been
24 caused by or to have resulted from the nature of the work performed.
25 D.(1) The presumptions in Subsection C of this Section may only be
26 rebutted by clear and convincing evidence.
27 (2) In determining whether the evidence presented has successfully
28 rebutted the presumptions in Subsection C, the trier of facts may consider any
29 of the following factors:
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1 (a) The length of time between the beginning and the end of the period
2 of employment and the date of the diagnosis.
3 (b) Whether there has been any trauma or traumatic events between the
4 beginning and the end of the period of employment as an employee and the date
5 of the diagnosis.
6 (c) Whether the individual diagnosed had been previously diagnosed
7 with post traumatic stress injury prior to his employment.
8 Section 2. R.S. 23:1036.1 is hereby enacted to read as follows:
9 §1036.1. Volunteer firefighters; coverage for post traumatic stress injury;
10 presumption of compensability; rebuttal evidence
11 A. Any workers' compensation policy which provides coverage for a
12 volunteer member of a fire company, pursuant to R.S. 23:1036, shall include
13 coverage for post traumatic stress injury.
14 B. For purposes of this Section, the following definitions shall apply:
15 (1) "Post traumatic stress injury" means those injuries which are defined
16 as "post traumatic stress disorder" by the most recently published edition of the
17 Diagnostic and Statistical Manual of Mental Disorders by the American
18 Psychiatric Association.
19 (2) "Psychiatrist" shall have the same meaning as it is defined pursuant
20 to R.S. 23:1371.1.
21 (3) "Psychologist" shall have the same meaning as it is defined pursuant
22 to R.S. 23:1371.1.
23 (4) "Volunteer member" shall have the same meaning as it is defined
24 pursuant to R.S. 23:1036.
25 (5) "Volunteer service" means that service performed by a volunteer
26 member, for one or more fire companies, who is entitled to workers'
27 compensation benefits pursuant to R.S. 23:1036.
28 C.(1) Any volunteer member who is diagnosed by a psychiatrist or
29 psychologist with post traumatic stress injury, either during his period of
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1 voluntary service or thereafter, shall be presumed, prima facie, to have a
2 disease or infirmity connected with his volunteer service.
3 (2) Once diagnosed with post traumatic stress injury as provided for in
4 Paragraph (1) of this Subsection, the volunteer member affected or his
5 survivors shall be entitled to all rights and benefits as granted by state laws to
6 one suffering an occupational disease and is entitled as service connected in the
7 line of duty, regardless of whether he is engaged in volunteer service at the time
8 of diagnosis. Such disease or infirmity shall be presumed, prima facie, to have
9 developed during the period of volunteer service and shall be presumed, prima
10 facie, to have been caused by or to have resulted from the nature of the work
11 performed.
12 D.(1) The presumptions in Subsection C of this Section may only be
13 rebutted by clear and convincing evidence.
14 (2) In determining whether the evidence presented has successfully
15 rebutted the presumptions in Subsection C, the trier of facts may consider any
16 of the following factors:
17 (a) The length of time between the beginning and the end of the period
18 of volunteer service and the date of the diagnosis.
19 (b) Whether there has been any trauma or traumatic events between the
20 beginning and the end of the period of volunteer service as a volunteer member
21 and the date of the diagnosis.
22 (c) Whether the individual diagnosed had been previously diagnosed
23 with post traumatic stress injury prior to his volunteer service.
24 Section 3. R.S. 33:2581.2 is hereby enacted to read as follows:
25 §2581.2. Post Traumatic Stress Injury; presumption of compensability;
26 rebuttal evidence
27 A. Any benefit payable to any emergency medical services personnel,
28 any employee of a police department, or any fire employee for temporary and
29 permanent disability when the employee suffers an injury or disease arising out
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1 of and in the course and scope of their employment, shall include coverage for
2 post traumatic stress injury.
3 B. For purposes of this Section, the following definitions shall apply:
4 (1) "Emergency medical services personnel" shall have the same
5 meaning as it is defined pursuant to R.S. 40:1075.3 so long as the emergency
6 medical services personnel is employed pursuant to this Chapter.
7 (2) "Employee of a police department" shall have the same meaning as
8 it is defined pursuant to R.S. 33:2211.
9 (3) "Fire employee" means any person employed in the fire department
10 of any municipality, parish, or fire protection district that maintains full-time
11 regularly paid fire department employment, regardless of the specific duties of
12 such person within the fire department. "Fire employee" also includes
13 employees of nonprofit corporations under contract with a fire protection
14 district or other political subdivision to provide fire protection services,
15 including operators of the fire-alarm system when such operators are members
16 of the regularly constituted fire department.
17 (4) "Post traumatic stress injury" means those injuries which are defined
18 as "post traumatic stress disorder" by the most recently published edition of the
19 Diagnostic and Statistical Manual of Mental Disorders by the American
20 Psychiatric Association.
21 (5) "Psychiatrist" shall have the same meaning as it is defined pursuant
22 to R.S. 23:1371.1.
23 (6) "Psychologist" shall have the same meaning as it is defined pursuant
24 to R.S. 23:1371.1.
25 C.(1) Any emergency medical services personnel, any employee of a
26 police department, any fire employee, or any volunteer fireman who is
27 diagnosed by a psychiatrist or psychologist with post traumatic stress injury,
28 either during employment in the classified service in the state of Louisiana
29 pursuant to this Chapter or thereafter, shall be presumed, prima facie, to have
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1 a disease or infirmity connected with his employment.
2 (2) Once diagnosed with post traumatic stress injury as provided for in
3 Paragraph (1) of this Subsection, the employee affected or his survivors shall be
4 entitled to all rights and benefits as granted by state law to one suffering an
5 occupational disease and who is entitled as service connected in the line of duty,
6 regardless of whether the employee is employed at the time of diagnosis. Such
7 disease or infirmity shall be presumed, prima facie, to have developed during
8 employment and shall be presumed, prima facie, to have been caused by or to
9 have resulted from the nature of the work performed.
10 D.(1) The presumptions in Subsection C of this Section may only be
11 rebutted by clear and convincing evidence.
12 (2) In determining whether the evidence presented has successfully
13 rebutted the presumptions in Subsection C, the trier of facts may consider any
14 of the following factors:
15 (a) The length of time between the beginning and the end of the period
16 of employment and the date of the diagnosis.
17 (b) Whether there has been any trauma or traumatic events between the
18 beginning and the end of the period of employment as an employee and the date
19 of the diagnosis.
20 (c) Whether the individual diagnosed had been previously diagnosed
21 with post traumatic stress injury prior to his employment in the classified
22 service in the state of Louisiana.
23 Section 4. R.S. 40:1374 is hereby amended and reenacted to read as follows:
24 §1374. Worker's Workers' compensation law; employees deemed within;
25 coverage for post traumatic stress injury; presumption of
26 compensability; rebuttal evidence
27 A. Every employee of the division of state police, except the head thereof,
28 shall be considered an employee of the state within the meaning of the worker's
29 workers' compensation law of this state and entitled to the benefits of all the
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1 provisions of that law applicable to state employees.
2 B. Any workers' compensation policy which provides coverage for an
3 employee of the division of state police, pursuant to this Section, shall include
4 coverage for post traumatic stress injury.
5 C. For purposes of this Section, the following definitions shall apply:
6 (1) "Post traumatic stress injury" means those injuries which are defined
7 as "post traumatic stress disorder" by the most recently published edition of the
8 Diagnostic and Statistical Manual of Mental Disorders by the American
9 Psychiatric Association.
10 (2) "Psychiatrist" shall have the same meaning as it is defined pursuant
11 to R.S. 23:1371.1.
12 (3) "Psychologist" shall have the same meaning as it is defined pursuant
13 to R.S. 23:1371.1.
14 C.(1) Any employee of the division of state police who is diagnosed by a
15 psychiatrist or psychologist with post traumatic stress injury, either during
16 employment in the classified service in the state of Louisiana pursuant to this
17 Chapter or thereafter, shall be presumed, prima facie, to have a disease or
18 infirmity connected with his employment.
19 (2) Once diagnosed with post traumatic stress injury as provided for in
20 Paragraph (1) of this Subsection, the employee affected or his survivors shall be
21 entitled to all rights and benefits as granted by state law to one suffering an
22 occupational disease and is entitled as service connected in the line of duty,
23 regardless of whether the employee is employed at the time of diagnosis. Such
24 disease or infirmity shall be presumed, prima facie, to have developed during
25 employment and shall be presumed, prima facie, to have been caused by or to
26 have resulted from the nature of the work performed.
27 D.(1) The presumptions in Subsection C of this Section may only be
28 rebutted by clear and convincing evidence.
29 (2) In determining whether the evidence presented has successfully
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1 rebutted the presumptions in Subsection C, the trier of facts may consider any
2 of the following factors:
3 (a) The length of time between the beginning and the end of the period
4 of employment and the date of the diagnosis.
5 (b) Whether there has been any trauma or traumatic events between the
6 beginning and the end of the period of employment as an employee and the date
7 of the diagnosis.
8 (c) Whether the individual diagnosed had been previously diagnosed
9 with post traumatic stress injury prior to his employment in the classified
10 service in the state of Louisiana.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
SB 107 2019 Regular Session Gatti
Proposed law provides that any benefit payable to a sheriff or deputy sheriff which provides
coverage for temporary or permanent disability to all sheriffs or sheriff's deputies who suffer
an injury or disease arising out of and in the course and scope of their employment shall
include coverage for post traumatic stress injury.
Proposed law provides that the following definitions shall apply to benefit payable to a
sheriff or deputy sheriff:
(1)"Post traumatic stress injury" means those injuries which are defined as "post
traumatic stress disorder" by the most recently published edition of the Diagnostic
and Statistical Manual of Mental Disorders by the American Psychiatric
Association.
(2)"Psychiatrist" shall have the same meaning as it is defined pursuant to present law.
(3)"Psychologist" shall have the same meaning as it is defined pursuant to present law.
Proposed law provides that any sheriff or deputy sheriff who is diagnosed by a psychiatrist
or psychologist with post traumatic stress injury, either during employment or thereafter,
shall be presumed, prima facie, to have a disease or infirmity connected with his
employment.
Proposed law provides that, once diagnosed with post traumatic stress injury, the sheriff or
deputy sheriff affected or his survivors shall be entitled to all rights and benefits as granted
by present law to which one suffering an occupational disease and is entitled as service
connected in the line of duty, regardless of whether the employee is employed at the time
of diagnosis.
Proposed law provides that the presumptions that the post traumatic stress was attributable
to employment as a sheriff or deputy sheriff may only be rebutted by clear and convincing
evidence. Proposed law provides that, in determining whether the evidence presented has
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successfully rebutted the presumptions in proposed law, the trier of facts may consider any
of the following factors:
(1)The length of time between the beginning and the end of the period of employment
and the date of the diagnosis.
(2)Whether there has been any trauma or traumatic events between the beginning and
the end of the period of employment as an employee and the date of the diagnosis.
(3)Whether the individual diagnosed had been previously diagnosed with post traumatic
stress injury prior to his employment.
Present law declares that the services provided by volunteer fire departments are vital for fire
prevention and suppression to the safety of the citizens of the state. Present law requires the
state fire marshal obtain workers' compensation coverage for volunteer members who
participate in the normal functions of the fire company.
Proposed law retains present law but requires that, upon the purchase of a new policy or
renewal of an existing policy, that any workers' compensation policy which provides
coverage for a volunteer member of a fire company, pursuant to present law, will include
coverage for post traumatic stress injury.
Proposed law provides that the following definitions shall apply to any workers'
compensation policy which provides coverage for a volunteer member of a fire company:
(1)"Post traumatic stress injury" means those injuries which are defined as "post
traumatic stress disorder" by the most recently published edition of the Diagnostic
and Statistical Manual of Mental Disorders by the American Psychiatric Association.
(2)"Psychiatrist" shall have the same meaning as it is defined pursuant to present law.
(3)"Psychologist" shall have the same meaning as it is defined pursuant to present law.
(4)"Volunteer member" shall have the same meaning as it is defined pursuant to present
law.
(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 present law.
Proposed law provides that any volunteer member of a fire company who is diagnosed by
a psychiatrist or psychologist with post traumatic 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.
Proposed law provides that, once diagnosed with post traumatic stress injury as provided for
in proposed law, the volunteer member affected or his survivors shall be entitled to all rights
and benefits as granted by present law to one suffering from an occupational disease is
entitled as service connected in the line of duty, regardless of whether he is engaged in
volunteer service at the time of diagnosis.
Proposed law provides that, once a fire department volunteer member is diagnosed with post
traumatic stress injury, the presumption may only be rebutted by clear and convincing
evidence. Proposed law provides that, in determining whether the evidence presented has
successfully rebutted the presumptions in proposed law, the trier of facts may consider any
of the following factors:
(1)The length of time between the beginning and the end of the period of volunteer
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service and the date of the diagnosis.
(2)Whether there has been any trauma or traumatic events between the beginning and
the end of the period of volunteer service as a volunteer member and the date of the
diagnosis.
(3)Whether the individual diagnosed had been previously diagnosed with post traumatic
stress injury prior to his volunteer service.
Proposed law provides that any benefit payable to any local emergency medical services
personnel, any employee of a local police department, or any local 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 their employment, shall include coverage for post
traumatic stress injury.
Proposed law defines "fire employee" as 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."
Proposed law provides that the following definitions shall apply to post traumatic stress
injury benefits payable to a local emergency medical services personnel, any employee of
a local police department, or any local fire employee:
(1)"Post traumatic stress injury" means those injuries which are defined as "post
traumatic stress disorder" by the most recently published edition of the Diagnostic
and Statistical Manual of Mental Disorders by the American Psychiatric Association.
(2)"Psychiatrist" shall have the same meaning as it is defined pursuant to present law.
(3)"Psychologist" shall have the same meaning as it is defined pursuant to present law.
Proposed law provides that any local emergency medical services personnel, any employee
of a local police department, or any local fire employee who is diagnosed by a psychiatrist
or psychologist with post traumatic stress injury, either during employment or thereafter,
shall be presumed, prima facie, to have a disease or infirmity connected with his
employment.
Proposed law provides that, once diagnosed with post traumatic stress injury any local
emergency medical services personnel, any employee of a local police department, or any
local fire employee affected or his survivors will be entitled to all rights and benefits as
granted by state law to one suffering an occupational disease and is entitled as service
connected in the line of duty, regardless of whether the employee is employed at the time
of diagnosis.
Proposed law provides that the presumption that the post traumatic stress was attributable
to employment as a local emergency medical services personnel, any employee of a local
police department, or any local fire employee may only be rebutted by clear and convincing
evidence. Proposed law provides that, in determining whether the evidence presented has
successfully rebutted the presumptions in proposed law, the trier of facts may consider any
of the following factors:
(1)The length of time between the beginning and the end of the period of employment
and the date of the diagnosis.
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(2)Whether there has been any trauma or traumatic events between the beginning and
the end of the period of employment as an employee and the date of the diagnosis.
(3)Whether the individual diagnosed had been previously diagnosed with post traumatic
stress injury prior to his employment.
Present law provides that every employee of the division of state police, except the head
thereof, shall be considered an employee of the state within the meaning of the workers'
compensation law of this state and entitled to the benefits of all the provisions of that law
applicable to state employees.
Proposed law retains present law but adds that any purchase of a new policy of renewal of
an existing workers' compensation policy which provides coverage for an employee of the
division of state police, pursuant to present law, shall include coverage for post traumatic
stress injury.
Proposed law provides that the following definitions shall apply to benefits payable to an
employee of the division of state police:
(1)"Post traumatic stress injury" means those injuries which are defined as "post
traumatic stress disorder" by the most recently published edition of the Diagnostic
and Statistical Manual of Mental Disorders by the American Psychiatric Association.
(2)"Psychiatrist" shall have the same meaning as it is defined pursuant to present law.
(3)"Psychologist" shall have the same meaning as it is defined pursuant to present law.
Proposed law provides that an employee of the division of state police who is diagnosed by
a psychiatrist or psychologist with post traumatic stress injury, either during employment or
thereafter, shall be presumed, prima facie, to have a disease or infirmity connected with his
employment.
Proposed law provides that, once diagnosed with post traumatic stress injury the employee
of the division of state police affected or his survivors shall be entitled to all rights and
benefits as granted by state law to which one suffering an occupational disease and is
entitled as service connected in the line of duty, regardless of whether the employee is
employed at the time of diagnosis.
Proposed law provides that the presumption that the post traumatic stress was attributable
to employment as an employee of the division of state police may only be rebutted by clear
and convincing evidence. Proposed law provides that, in determining whether the evidence
presented has successfully rebutted the presumptions in proposed law, the trier of facts may
consider any of the following factors:
(1)The length of time between the beginning and the end of the period of employment
and the date of the diagnosis.
(2)Whether there has been any trauma or traumatic events between the beginning and
the end of the period of employment as an employee and the date of the diagnosis.
(3)Whether the individual diagnosed had been previously diagnosed with post traumatic
stress injury prior to his employment.
Effective August 1, 2019.
(Amends R.S. 40:1374; adds R.S. 13:5555, R.S. 23:1036.1, and R.S. 33:2581.2)
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Labor and Industrial
Relations to the original bill
1. Adds employees of nonprofit corporations under contract with a fire
protection district to the definition of "fire employee".
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