Presumptive Disability Law in Louisiana

Presumptive Health Initiative

CODE PART:
Louisiana Revised Statutes

Title 23 Labor and Worker’s Compensation
§23:1036.1. Volunteer firefighters; coverage for posttraumatic stress injury; presumption of compensability

Title 33 Municipalities and Parishes
§33:1948. Development of Hepatitis B or Hepatitis C during employment in fire or police service; occupational disease
§33:2011. Development of cancer during employment in fire service; occupational disease
§33:2581. Development of heart and lung disease during employment in classified fire service; occupational disease
§33:2581.1. Development of hearing loss during employment in the classified fire service; occupational disease
§33:2581.2. Posttraumatic Stress Injury; presumption of compensability

Title 40 Public Health and Safety
§40:1374. Worker’s Workers’ compensation law; employees deemed within; coverage for posttraumatic stress injury; presumption of compensability

Louisiana Legislative Website

DESCRIPTION:
§23:1036.1. Volunteer firefighters; coverage for posttraumatic stress injury; presumption of compensability

  1. 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.
  2. 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.
    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.
  4. 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.

§33:1948. Development of Hepatitis B or Hepatitis C during employment in fire or police service; occupational disease

  1. Because of exposure to blood and saliva of accident and crime victims, when a firefighter or policeman in the classified service, who has completed two or more years of service, has contracted Hepatitis B or Hepatitis C, such disease shall be deemed an occupational disease or infirmity connected with the duties of a firefighter or policeman. The disease or infirmity shall be presumed to have been caused or to have resulted from such work performed. The presumption shall be rebuttable by evidence meeting judicial standards, and shall be extended to a member following termination of service for a period of three months for each full year of service not to exceed sixty months commencing with the last actual date of service. The presumption shall also be rebuttable by evidence that the otherwise eligible affected member was at the time of diagnosis of Hepatitis B or C, or within one year of such diagnosis, unlawfully using controlled substances by means of intravenous injection, or lived in an intimate relationship with any person who has been diagnosed with Hepatitis B or C.
  2. The affected member or his survivors shall be entitled to all rights and benefits as granted by state or federal law to which one suffering from an occupational disease is entitled as service connected in the line of duty.
  3. The provisions of this Section shall not be construed to affect in any way the provisions of R.S. 33:2011 or R.S. 33:2581.

§33:2011. Development of cancer during employment in fire service; occupational disease

  1. (1)Because of exposure to heat, smoke, and fumes or carcinogenic, poisonous, toxic, or chemical substances, when a firefighter in the classified service who has completed ten or more years of service has developed cancer, the cancer shall be classified as an occupational disease or infirmity connected with the duties of a firefighter. The disease or infirmity shall be presumed to have been caused by or to have resulted from the work performed. This presumption shall be rebuttable by evidence meeting judicial standards, and shall be extended to a member following termination of service for a period of three months for each full year of service not to exceed sixty months commencing with the last actual date of service.

(2) For a firefighter who terminates his service prior to January 1, 2023, this presumption shall be extended to the member following termination for a period of three months for each full year of service not to exceed sixty months commencing with the last actual date of service.

(3) For a firefighter who is active or who terminates his service on or after January 1, 2023, the disease or infirmity shall be presumed to have been caused by or to have resulted from the work performed, only if the cancer diagnosis is made prior to the firefighter reaching the age of sixty-five. Following termination of service for a period of one hundred twenty months, commencing with the last actual date of service, the presumption shall be extended to the following members:

(a)A firefighter who is employed in the fire service for the last ten years and attains the age of fifty-five.

(b) A firefighter who is employed in the fire service for at least twenty years and attains the age of fifty.

(c) A firefighter who is employed in the fire service for at least twenty-five years.

(d) A firefighter who is employed in the fire service for at least ten years, and who is subsequently approved for disability retirement by a public retirement system.

  1. The cancer referred to in Subsection A of this section shall be limited to the types of cancer which may be caused by exposure to heat, smoke, radiation, or a known or suspected carcinogen as defined by the International Agency for Research on Cancer. The cancer shall also be limited to a cancer originating in the bladder, brain, colon, liver, pancreas, skin, kidney, or gastrointestinal or reproductive tract, and leukemia, lymphoma, multiple myeloma, prostate, and testicular cancer, or any other type of cancer, due to occupational exposure, for which firefighters are determined to have a statistically significant increased risk over that of the general population.
  2. The affected employee or his survivors shall be entitled to all rights and benefits as granted by state law to which one suffering an occupational injury is entitled as service connected in the line of duty.
  3. The provisions of this Section shall not be construed to affect in any way the provisions of R.S. 33:2581.

§33:2581. Development of heart and lung disease during employment in classified fire service; occupational disease

Any disease or infirmity of the heart or lungs which develops during a period of employment in the classified fire service in the state of Louisiana shall be classified as a disease or infirmity connected with employment. The employee affected, or his survivors, shall be entitled to all rights and benefits as granted by the laws of the state of Louisiana to which one suffering an occupational disease is entitled as service connected in the line of duty, regardless of whether the fireman is on duty at the time he is stricken with the disease or infirmity. Such disease or infirmity shall be presumed, prima facie, to have developed during employment and shall be presumed, prima facie, to have been caused by or to have resulted from the nature of the work performed whenever same is manifested at any time after the first five years of employment.

§33:2581.1. Development of hearing loss during employment in the classified fire service; occupational disease

  1. Any loss of hearing which is ten percent greater than that of the affected employee’s comparable age group in the general population and which develops during employment in the classified fire service in the state of Louisiana shall, for purposes of this Section only, be classified as a disease or infirmity connected with employment. The employee affected shall be entitled to medical benefits including hearing prosthesis as granted by the laws of the state of Louisiana to which one suffering an occupational disease is entitled, regardless of whether the fireman is on duty at the time he is stricken with the loss of hearing. Such loss of hearing shall be presumed to have developed during employment and shall be presumed to have been caused by or to have resulted from the nature of the work performed whenever same is manifested at any time after the first five years of employment in such classified service. This presumption shall be rebuttable by evidence meeting judicial standards and shall be extended to an employee following termination of service for a period of twenty-four months.
  2. Each person selected for appointment to an entry level position in the classified fire service on July 1, 2006, or thereafter shall submit to a baseline audiology examination. The appointing authority shall develop and implement policies and procedures for the administration of such examination. Such examination shall take place not later than one year after the selection of such person for such appointment.

§33:2581.2. Posttraumatic Stress Injury; presumption of compensability

  1. Except as provided in Subsection E of this Section, any benefit payable to any emergency medical services personnel, any employee of a police department, or any 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 his employment, shall include coverage for posttraumatic stress injury.
  2. For purposes of this Section, the following definitions shall apply:
    1. “Emergency medical services personnel” shall have the same meaning as it is defined pursuant to R.S. 40:1075.3 so long as the emergency medical services personnel is employed pursuant to this Chapter.
    2. “Employee of a police department” shall have the same meaning as it is defined pursuant to R.S. 33:2211.
    3. “Fire employee” means 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.
    4. “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.
    5. “Psychiatrist” shall have the same meaning as it is defined pursuant to R.S. 23:1371.1.
    6. “Psychologist” shall have the same meaning as it is defined pursuant to R.S. 23:1371.1.
  3. Except as provided in Subsection E of this Section:
    1. Any emergency medical services personnel, any employee of a police department, any fire employee, or any volunteer fireman 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.
    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 law to one suffering an occupational disease and who is entitled as service connected in the line of duty, regardless of whether the employee is employed at the time of diagnosis.
  4. 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. 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.

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

  1. 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 worker’s workers’ compensation law of this state and entitled to the benefits of all the provisions of that law applicable to state employees.
  2. 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.
  3. 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.
    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.
    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.
  6. 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.