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      RS 23:1036.1     


§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.

            Acts 2019, No. 122, §1.

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