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AS 23.30.118

Presumption of compensability for post-traumatic stress disorder

Known as the Alaska Workers' Compensation Act

The act spans §§ 23–23 (96 sections).

(a) There is a presumption that an employee's claim for compensation as a result of post-traumatic stress disorder is within the provisions of this chapter if the employee (1) is employed or was employed in an occupation listed in (b)(2) of this section; and

(2) while employed or within three years after the last date of the employee's employment, receives a diagnosis by a psychiatrist or a psychologist of post-traumatic stress disorder.

(b) The presumption of compensability described in (a) of this section (1) may be rebutted by a preponderance of the evidence that the employee's post-traumatic stress disorder resulted from factors that were not work related;

(2) applies only to the following employees: (A) correctional officers;

(B) emergency medical technicians;

(C) emergency medical dispatchers;

(D) firefighters;

(E) mobile intensive care paramedics licensed under AS 18.08;

(F) peace officers; and

(G) employees who are certified under state law to perform emergency medical services; and

(3) notwithstanding AS 23.30.100(a), applies for a period of three years following the last date of the employee's employment.

(c) In this section, (1) “correctional officer” has the meaning given in AS 18.65.290;

(2) “emergency medical dispatcher” has the meaning given in AS 18.08.200;

(3) “emergency medical service” has the meaning given in AS 18.08.200;

(4) “emergency medical technician” has the meaning given in AS 18.08.200;

(5) “firefighter” has the meaning given in AS 23.30.121(f);

(6) “peace officer” has the meaning given in AS 11.81.900(b).

Official source: Alaska State Legislature. Reproduced from public-domain Alaska statutes; confirm against the official source for the current text. Not legal advice.