Louisiana § RS 40:1374 - Workers' compensation law; employees deemed within; coverage for posttraumatic stress injury; presumption of compensability

§ RS 40:1374. Workers' compensation law; employees deemed within; coverage for posttraumatic stress injury; presumption of compensability

            A. 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.

            B. Any workers' compensation policy which provides coverage for an employee of the division of state police, pursuant to this Section, shall include coverage for posttraumatic stress injury.

            C. 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.

            D.(1) Any employee of the division of state police 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 for purposes of workers' compensation benefits.

            (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 workers' compensation 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.

            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.

            F. 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 1983, 1st Ex.Sess., No. 1, §6; Acts 2019, No. 122, §3.