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TITLE 72 WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION
CHAPTER 4 BENEFITS
72-438 Occupational Diseases
72-451 Psychological accidents and injuries.
- 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.
- 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.
- Firefighter occupational diseases:
- 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.
- 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:
- Brain cancer after ten (10) years;
- Bladder cancer after twelve (12) years;
- Kidney cancer after fifteen (15) years;
- Colorectal cancer after ten (10) years;
- Non-Hodgkin’s lymphoma after fifteen (15) years;
- Leukemia after five (5) years;
- Mesothelioma after ten (10) years;
- 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;
- 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;
- Esophageal cancer after ten (10) years; and
- Multiple myeloma after fifteen (15)years.
- 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.
- 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.
- 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
- 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.]