Fifty-second Legislature                   Public Safety, Military and Technology

First Regular Session                                                   S.B. 1443

 

COMMITTEE ON PUBLIC SAFETY, MILITARY AND TECHNOLOGY

SENATE AMENDMENTS TO S.B. 1443

(Reference to printed bill)

 


Page 5, line 15, strike "or post‑traumatic stress disorder"

Between lines 18 and 19, insert:

"(d)  Post‑traumatic stress disorder that is caused by or is related to employment as a peace officer and is subject to section 23‑1043.01."

Page 6, line 10, strike "post‑traumatic stress disorder"

Line 32, strike ", or" insert "or"

Line 33, strike "or post-traumatic stress disorder"

Lines 38 and 39, strike "or post‑traumatic stress disorder"

Line 40, strike "For claims relating to the cancers provided in this subsection,"

Page 7, line 1, after "cancer" insert a period and strike remainder of line

Strike line 2

After line 15, insert:

"Sec. 3.  Section 23-1043.01, Arizona Revised Statutes, is amended to read:

START_STATUTE23-1043.01.  Heart‑related and mental cases; post‑traumatic stress disorder; definition

A.  A heart‑related or perivascular injury, illness or death shall not be considered a personal injury by accident arising out of and in the course of employment and is not compensable pursuant to this chapter unless some injury, stress or exertion related to the employment was a substantial contributing cause of the heart‑related or perivascular injury, illness or death.

B.  A mental injury, illness or condition shall not be considered a personal injury by accident arising out of and in the course of employment and is not compensable pursuant to this chapter unless some unexpected, unusual or extraordinary stress related to the employment or some physical injury related to the employment was a substantial contributing cause of the mental injury, illness or condition.

C.  Notwithstanding subsection B of this section, post‑traumatic stress disorder of a peace officer is presumed to be a personal injury by accident arising out of and in the course of employment and is compensable pursuant to this chapter if the employee is a peace officer and was exposed to an environment that is consistent with causing post‑traumatic stress disorder related to employment as a peace officer.

C.  D.  If compensation is payable for a heart‑related or perivascular injury, illness or death, or for a mental injury, illness or condition or for post‑traumatic stress disorder, the only employer liable is the employee's last employer in whose employment the requirements of subsection A, or B or C of this section are met.

E.  For the purposes of this section, "peace officer" means any full‑time police officer, highway patrol officer, probation officer or corrections officer. END_STATUTE

Sec. 4.  Retroactivity

This act is effective retroactively to from and after December 31, 2013."

Amend title to conform


 

 

 

1443ss

02/16/2015

4:41 PM

C: LD