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An Act To Support Law Enforcement Officers and First Responders Diagnosed with Post-traumatic Stress Disorder
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 39-A MRSA §201, sub-§3, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is repealed.
Sec. 2.  39-A MRSA §201, sub-§3-A  is enacted to read:
 
3-A.  Mental injury caused by mental stress.     Mental injury resulting from work-related stress does not arise out of and in the course of employment unless:
 
A.  It is demonstrated by clear and convincing evidence that:
 
(1) The work stress was extraordinary and unusual in comparison to pressures and tensions experienced by the average employee; and
 
(2) The work stress, and not some other source of stress, was the predominant cause of the mental injury.
 
The amount of work stress must be measured by objective standards and actual events rather than any misperceptions by the employee; or
 
B.  The employee is a law enforcement officer, firefighter, corrections officer or emergency medical services worker and is diagnosed by an allopathic physician or an osteopathic physician licensed under Title 32, chapter 48 or chapter 36, respectively, with a specialization in psychiatry or a psychologist licensed under Title 32, chapter 56 as having post-traumatic stress disorder, in which case the post-traumatic stress disorder is presumed to have arisen out of and in the course of the worker's employment. This presumption may be rebutted by clear and convincing evidence to the contrary. For purposes of this paragraph, "law enforcement officer," "firefighter," "corrections officer" and "emergency medical services worker" have the same meaning as in section 328-A, subsection 1.
 
A mental injury is not considered to arise out of and in the course of employment if it results from any disciplinary action, work evaluation, job transfer, layoff, demotion, termination or any similar action, taken in good faith by the employer.
 
SUMMARY
This bill establishes a rebuttable presumption under the laws governing workers' compensation that when a law enforcement officer, firefighter, corrections officer or emergency medical services worker is diagnosed by a licensed physician specializing in psychiatry or a licensed psychologist as having post-traumatic stress disorder, the post-traumatic stress disorder is presumed to have arisen out of and in the course of the worker's employment.