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Presumptive Disability Law in Idaho

Presumptive Health Initiative

CODE PART:
TITLE 72 WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION
CHAPTER 4 BENEFITS
59-1352B. PUBLIC SAFETY OFFICER CATASTROPHIC INJURY OR DEATH LINE OF DUTY BENEFITS
72-438 Occupational Diseases
72-451 Psychological accidents and injuries.

Idaho Legislative Website

DESCRIPTION:

59-1352B. PUBLIC SAFETY OFFICER CATASTROPHIC INJURY OR DEATH LINE OF DUTY BENEFITS

SECTION 1. LEGISLATIVE FINDINGS AND INTENT. As a result of the horrific, violent, and targeted attack on firefighters in North Idaho on June 29, 2025, that resulted in the murder of two Idaho public safety officers and significant injuries to others, it was identified that catastrophic bene fits available to surviving spouses or dependent children of public safety officers who died in the line of duty were less than the catastrophic injury benefit available to public safety officers who were catastrophically injured but survived.

This legislation creates consistency between benefits for a catastrophic injury or death that occurs in the line of duty, ensuring that one benefit is not greater than the other. Specifically, this legislation increases the lump-sum death benefit available to surviving spouses or dependent children to match the catastrophic injury benefit. It also provides a pension benefit to surviving spouses that is consistent with the benefit currently available when a public safety officer dies following qualification for the catastrophic injury benefit.

The increase in benefits as a result of this legislation will be funded solely through public safety officer pension contribution rates.

SECTION 2. That Section 59-1352B, Idaho Code, be, and the same is hereby amended to read as follows:

59-1352B. PUBLIC SAFETY OFFICER CATASTROPHIC INJURY OR DEATH LINE OF DUTY BENEFITS. (1) For purposes of this section:

(a) “Catastrophic injury” means a sudden, violent, life-threatening, duty-related injury sustained by an active member within the scope of the public safety officer’s duties and within the department policy that is due to an externally caused event such as a motor vehicle collision, gunshot wound, aggravated battery, structural collapse, significant fall, or other external event or events that is not self-inflicted or the result of intoxication; provided, however, that no psychological injury, disorder, or condition shall be considered a catastrophic injury under this definition. The injury, if it does not result in death, must be of such severity that it causes the loss of ability to maintain certifications required by the state of Idaho, the member’s department, or both. The injury shall be supported by evidence of one (1) or more of the following conditions:

(i) Total, complete, permanent, and uncorrectable loss of sight in both eyes;

(ii) Total, complete, permanent, and uncorrectable loss of hearing in both ears;

(iii) Total, complete, and permanent loss of the ability to speak;

(iv) Total, complete, and permanent loss of the use of one (1) or both feet at or above the ankle;

(v) Total, complete, and permanent loss of the use of one (1) or both hands at or above the wrist;

(vi) Injury to the spine that results in a total, permanent, and complete paralysis of both arms, both legs, or one (1) arm and one (1) leg; or

(vii) An externally caused, physical traumatic injury to the brain that renders the member physically or mentally unable to perform the duties of a public safety officer; or

(viii) A catastrophic injury that results in death.

(b) “Catastrophic injury that results in death” means the death of a public safety officer in a manner that would qualify for the payment of death benefits pursuant to regulations issued by the United States department of justice pursuant to 34 U.S.C. 10281; provided, however, that the retirement board is authorized to revise such definition.

(c) “Catastrophic line of duty benefits” means benefits payable to a:

(i) A public safety officer who sustains a catastrophic injury pursuant to this section; or

(ii) The surviving spouse of a public safety officer who sustained a catastrophic injury that results in death.

(d) “Dependent child” means a surviving natural or legally adopted child who is under twenty-one (21) years of age at the time of a public safety officer’s catastrophic injury that results in death.

(e) “Public safety officer” means a police officer member as set forth in section 59-1303, Idaho Code, or a firefighter member as set forth in section 59-1302(16), Idaho Code.

(2) A public safety officer who sustains a catastrophic injury or the surviving spouse of a public safety officer who sustained a catastrophic injury that results in death as set forth in this section is eligible for:

(a) A onetime permanent catastrophic injury benefit in the amount of five hundred thousand dollars ($500,000); and

(b) An ongoing annual benefit in an amount not less than seventy-five thousand dollars ($75,000) per year, to be adjusted every four (4) years pursuant to an actuarial study to determine the change in average public safety officer benefits over the previous four (4) years.

(3) In the event of a public safety officer’s catastrophic injury that results in death, if there is no surviving spouse, the public safety officer’s dependent children are eligible for the benefit provided for in subsection (2)(a) of this section. Benefits to dependent children shall be paid in accordance with the provisions of chapter 8, title 68, Idaho Code; provided that when there are multiple dependent children, the benefit shall be divided equally among them.

(4) In the event a public safety officer receiving the catastrophic line of duty benefit as set forth in this section dies and leaves a surviving spouse to whom the member was married at the time of the catastrophic injury, such surviving spouse shall receive the catastrophic line of duty benefit for the duration of such spouse’s life to which the public safety officer would have been entitled.

(5) The benefits payable under this section shall not be subject to Idaho state income tax.

(6) A public safety officer, the public safety officer’s surviving spouse, or the public safety officer’s surviving dependent child who seeks to obtain benefits under this section shall apply to the retirement board within twelve (12) months of the date of the incident resulting in the public safety officer’s catastrophic injury. No benefit shall be payable unless the retirement board determines eligibility pursuant to the requirements of this section. A public safety officer’s refusal to submit to a medical examination ordered by the board before the commencement of a catastrophic line of duty benefit or at any reasonable time thereafter shall constitute proof that the member is not eligible for the benefits provided for in this section.

(7) The benefits provided for in this section shall not be in addition to other benefits under this chapter.

(8) If a public safety officer who qualifies for benefits provided for in this section again becomes an employee in a nonpublic safety officer position as defined in sections 59-1302(14) and (16) and 59-1303, Idaho Code, as a result of returning to employment with an employer as defined in section 59-1302(15), Idaho Code, the public safety officer may elect to continue receiving benefits and not accrue additional service. In such circumstance, no contributions shall be made by the member during such reemployment and the public safety officer catastrophic line of duty benefit payable on the behalf of the member shall continue.

(9) It is the intent of the legislature that this benefit shall be funded solely by public safety officers in perpetuity and not by an employer as defined in section 59-1302(15), Idaho Code. Therefore, the costs associated with providing this benefit as determined by the board shall be paid solely by public safety officers. An actuarial cost analysis of the benefit will be performed every four (4) years by the board. However, in instances involving a catastrophic injury that results in death, the first one hundred thousand dollars ($100,000) of the benefit shall be paid for by the employers of public safety officers as an additional contribution component separate and distinct from all other obligations under this chapter. The portion of costs to be paid by the employers of public safety officers pursuant to this subsection is a continuation of how such costs were previously paid for public safety officer death benefits. Such costs shall be paid in a manner as determined by the board.

(10) Any individual who qualified for or was eligible to receive the public safety officer death benefit between July 1, 2021, and the effective date of this subsection shall receive the balance of the improved benefit as provided for in this section.

SECTION 3. That Section 59-1361A, Idaho Code, be, and the same is hereby repealed.

SECTION 4. An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full force and effect on and after its passage and approval.

  1. Cardiovascular or pulmonary or respiratory diseases of a paid fireman, employed by a municipality, village or fire district as a regular member of a lawfully established fire department, caused by overexertion in times of stress or danger or by proximate exposure or by cumulative exposure over a period of four (4) years or more to heat, smoke, chemical fumes or other toxic gases arising directly out of, and in the course of, his employment.
  2. Acquired immunodeficiency syndrome (AIDS), AIDS related complexes (ARC), other manifestations of human immunodeficiency virus (HIV) infections, infectious hepatitis viruses and tuberculosis in any occupation involving exposure to human blood or body fluids.
  3. Firefighter occupational diseases:
    1. As used in this subsection, “firefighter” means an employee whose primary duty is that of extinguishing or investigating fires as part of a fire district, fire department or fire brigade.
    2. If a firefighter is diagnosed with one (1) or more of the following diseases after
      the period of employment indicated in subparagraphs (i) through (xi) of this paragraph,
      and the disease was not revealed during an initial employment medical screening examination that was performed according to such standards and conditions as may be
      established at the sole discretion of the governing board having authority over a given
      fire district, fire department, or fire brigade, then the disease shall be presumed to be proximately caused by the firefighter’s employment as a firefighter:
      1. Brain cancer after ten (10) years;
      2. Bladder cancer after twelve (12) years;
      3. Kidney cancer after fifteen (15) years;
      4. Colorectal cancer after ten (10) years;
      5. Non-Hodgkin’s lymphoma after fifteen (15) years;
      6. Leukemia after five (5) years;
      7. Mesothelioma after ten (10) years;
      8. Testicular cancer after five (5) years if diagnosed before the age of forty (40) years with no evidence of anabolic steroids or human growth hormone use;
      9. Breast cancer after five (5) years if diagnosed before the age of forty (40) years without a breast cancer or breast cancer genetic predisposition to breast cancer;
      10. Esophageal cancer after ten (10) years; and
      11. Multiple myeloma after fifteen (15)years.
    3. The presumption created in this subsection may be overcome by substantial evidence to the contrary. If the presumption is overcome by substantial evidence, then the firefighter or the beneficiaries must prove that the firefighter’s disease was caused by his or her duties of employment.
    4. The presumption created in this subsection shall not preclude a firefighter from
      demonstrating a causal connection between employment and disease or injury by a
      preponderance of evidence before the Idaho industrial commission.
    5. The presumption created in this subsection shall not apply to any specified disease
      diagnosed more than ten (10) years following the last date on which the firefighter actually worked as a firefighter as defined in paragraph (a) of this subsection. Nor shall the presumption apply if a firefighter or a firefighter’s cohabitant has regularly and habitually used tobacco products for ten (10) or more years prior to the
      diagnosis.
    6. The periods of employment described in paragraph (b) of this subsection refer to periods of employment within the state of Idaho.

Recognizing that additional toxic or harmful substances or matter are continually being discovered and used or misused, the above enumerated occupational diseases are not intended to be exclusive, but such additional diseases shall not include hazards which are common to the public in general and which are not within the meaning of section 72-102(22)(a), Idaho Code, and the diseases enumerated in subsection (12) of this section pertaining to paid firemen shall not be subject to the limitations prescribed in section 72-439, Idaho Code.

72-451. Psychological accidents and injuries.

(1) Psychological injuries, disorders or conditions shall not be compensated under this title, unless the following conditions are met:

(a) Such injuries of any kind or nature emanating from the workplace shall be compensated only if caused by accident and physical injury as defined in section 72-102(18)(a) through (18)(c), Idaho Code, or only if accompanying an occupational disease with resultant physical injury, except that a psychological mishap or event may constitute an accident where:

(i) It results in resultant physical injury as long as the psychological mishap or event meets the other criteria of this section;

(ii) It is readily recognized and identifiable as having occurred in the workplace; and

(iii) It must be the product of a sudden and extraordinary event;

(b) No compensation shall be paid for such injuries arising from conditions generally inherent in every working situation or from a personnel-related action including, but not limited to, disciplinary action, changes in duty, job evaluation or employment termination;

(c) Such accident and injury must be the predominant cause as compared to all other causes combined of any consequence for which benefits are claimed under this section;

(d) Where psychological causes or injuries are recognized by this section, such causes or injuries must exist in a real and objective sense;

(e) Any permanent impairment or permanent disability for psychological injury recognizable under the Idaho worker’s compensation law must be based on a condition sufficient to constitute a diagnosis using the terminology and criteria of the American psychiatric association’s diagnostic and statistical manual of mental disorders, third edition revised, or any successor manual promulgated by the American psychiatric association, and must be made by a psychologist, or psychiatrist duly licensed to practice in the jurisdiction in which treatment is rendered; and

(f) Clear and convincing evidence that the psychological injuries arose out of and in the course of the employment from an accident or occupational disease as contemplated in this section is required.

(2) Nothing in subsection (1) of this section shall be construed as allowing compensation for psychological injuries from psychological causes without accompanying physical injury.

(3) The provisions of subsection (1) of this section shall apply to accidents and injuries occurring on or after July 1, 1994, and to causes of action for benefits accruing on or after July 1, 1994, notwithstanding that the original worker’s compensation claim may have occurred prior to July 1, 1994.

(4) Notwithstanding subsection (1) of this section, post-traumatic stress injury suffered by a first responder is a compensable injury or occupational disease when the following conditions are met:

(a) The first responder is examined and subsequently diagnosed with post-traumatic stress injury by a psychologist, a psychiatrist duly licensed to practice in the jurisdiction where treatment is rendered, or a counselor trained in post-traumatic stress injury; and

(b) Clear and convincing evidence indicates that the post-traumatic stress injury was caused by an event or events arising out of and in the course of the first responder’s employment.

(5) No compensation shall be paid for such injuries described in subsection (2) of this section arising from a personnel-related action including, but not limited to, disciplinary action, changes in duty, job evaluation, or employment termination.

(6) As used in subsection (4) of this section:

(a) “Post-traumatic stress injury” means a disorder that meets the diagnostic criteria for post-traumatic stress disorder or post-traumatic stress injury specified by the American Psychiatric Association’s diagnostic and statistical manual of mental disorders, fifth edition revised, or any successor manual promulgated by the American Psychiatric Association.

(b) “First responder” means:

(i) A peace officer as defined in section 19-5101(d), Idaho Code, when employed by a city, county, or the Idaho state police;

(ii) A firefighter as defined in sections 59-1391(f) and 72-1403(A), Idaho Code;

(iii) A volunteer emergency responder as defined in section 72-102(32), Idaho Code;

(iv) An emergency medical service provider, or EMS provider, certified by the department of health and welfare pursuant to sections 56-1011 through 56-1018B, Idaho Code, and an ambulance-based clinician as defined in the rules governing emergency medical services as adopted by the department of health and welfare; and

(v) An emergency communications officer as defined in section 19-5101(f), Idaho Code

(7) Subsections (4) through (6) of this section are effective for first responders with dates of injury or manifestations of occupational disease on or after July 1, 2019.

SECTION 2. The provisions of this act shall be null, void, and of no force and effect on and after July 1, 2023.

History: [72-451, added 1994, ch. 112, sec. 2, p. 259; am. 2006, ch. 206, sec. 6, p. 635.]