summary
Introduced
02/01/2021
02/01/2021
In Committee
Crossed Over
Passed
Dead
03/20/2021
03/20/2021
Introduced Session
2021 Regular Session
Bill Summary
AN ACT RELATING TO THE NEW MEXICO OCCUPATIONAL DISEASE DISABLEMENT LAW; REQUIRING POSTTRAUMATIC STRESS DISORDER TO BE PRESUMED TO BE CAUSED BY EMPLOYMENT FOR EDUCATIONAL EMPLOYEES; PROVIDING EXCEPTIONS; ESTABLISHING BURDEN OF PROOF FOR DEFENSES; REQUIRING WORKERS' COMPENSATION REIMBURSEMENT IN CERTAIN SITUATIONS.
AI Summary
This bill establishes a presumption that if an educational employee (a licensed or unlicensed employee of a school district or private school) is diagnosed with post-traumatic stress disorder (PTSD) that results in physical or mental impairment or death, and there is no evidence the PTSD preexisted their employment, the PTSD is presumed to be caused by their work as an educational employee. This presumption can be rebutted by showing the employee engaged in outside activities that significantly risked causing PTSD. If the presumption does not apply, the employee can still demonstrate a causal link between their employment and PTSD by a preponderance of evidence. The employer must provide medical treatment based on this presumption unless a court determines it does not apply, in which case the employer's workers' compensation insurance provider must be reimbursed by the employee's health insurance.
Committee Categories
Education, Justice
Sponsors (1)
Last Action
Senate Education Committee (09:00 2/22/2021 Room *) (on 02/22/2021)
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.nmlegis.gov/lcs/legislation.aspx?chamber=S&legtype=B&legno=302&year=21 |
| BillText | https://www.nmlegis.gov/Sessions/21%20Regular/bills/senate/SB0302.pdf |
Loading...