00                            HOUSE BILL NO. 239                                                                          
01 "An Act relating to the presumption of compensability for workers' compensation                                         
02 claims related to post-traumatic stress disorder; and providing for an effective date."                                 
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 23.30 is amended by adding a new section to read:                                                  
05 Sec. 23.30.118. Presumption of compensability for post-traumatic stress                                               
06 disorder. (a) There is a presumption that an employee's claim for compensation as a                                   
07 result of post-traumatic stress disorder is within the provisions of this chapter if the                                
08       employee                                                                                                          
09                 (1)  is employed or was employed in an occupation listed in (b)(2) of                                   
10       this section; and                                                                                                 
11                 (2)  while employed or within three years after the last date of the                                    
12       employee's employment, receives a diagnosis by a psychiatrist or a psychologist of                                
13       post-traumatic stress disorder.                                                                                   
14            (b)  The presumption of compensability described in (a) of this section                                      

01                 (1)  may be rebutted by a preponderance of the evidence that the                                        
02       employee's post-traumatic stress disorder resulted from factors that were not work                                
03       related;                                                                                                          
04                 (2)  applies only to the following employees:                                                           
05                      (A)  correctional officers;                                                                        
06                      (B)  emergency medical technicians;                                                                
07                      (C)  emergency medical dispatchers;                                                                
08                      (D)  firefighters;                                                                                 
09                      (E)  mobile intensive care paramedics licensed under AS 18.08;                                     
10                      (F)  peace officers; and                                                                           
11 (G)  employees who are certified under state law to perform                                                             
12            emergency medical services; and                                                                              
13 (3)  notwithstanding AS 23.30.100(a), applies for a period of three                                                     
14       years following the last date of the employee's employment.                                                       
15            (c)  In this section,                                                                                        
16                 (1)  "correctional officer" has the meaning given in AS 18.65.290;                                      
17 (2)  "emergency medical dispatcher" has the meaning given in                                                            
18       AS 18.08.200;                                                                                                     
19 (3)  "emergency medical service" has the meaning given in                                                               
20       AS 18.08.200;                                                                                                     
21 (4)  "emergency medical technician" has the meaning given in                                                            
22       AS 18.08.200;                                                                                                     
23                 (5)  "firefighter" has the meaning given in AS 23.30.121(f);                                            
24                 (6)  "peace officer" has the meaning given in AS 11.81.900(b).                                          
25    * Sec. 2. AS 23.30.120(c) is amended to read:                                                                      
26 (c)  Except as provided in AS 23.30.118, the [THE] presumption of                                                   
27 compensability established in (a) of this section does not apply to a mental injury                                     
28       resulting from work-related stress.                                                                               
29    * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).