The original instrument was prepared by Carla S. Roberts. The following digest,
which does not constitute a part of the legislative instrument, was prepared by
Tammy Crain-Waldrop.
DIGEST
SB 107 2019 Regular Session Gatti
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 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, except as provided in proposed law, 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, except as provided in proposed law, 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, except as provided in proposed law, 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.
(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.
Proposed law provides that in case of any conflict between provisions of proposed law and any
retirement law then retirement law provisions control.
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 for
purposes of workers' compensation benefits.
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 workers' compensation 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.
Proposed law shall not 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 funds.
Proposed law provides that in case of any conflict between provisions of proposed law and any
retirement law then the retirement law provisions control.
Effective August 1, 2019.
(Amends R.S. 40:1374; adds R.S. 23:1036.1, and R.S. 33:2581.2)
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". Senate Floor Amendments to engrossed bill
1. Makes technical changes.
2. Clarifies that the proposed law shall not 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 funds.
3. Removes provisions applicable to sheriffs and deputy sheriffs.