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Bill > SB302


NM SB302

NM SB302
Educational Employee Ptsd


summary

Introduced
02/01/2021
In Committee
Crossed Over
Passed
Dead
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


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