Alaska 33rd Legislature (2023-2024) Status: In Committee 1 D cosponsors

HB 239 — An Act relating to the presumption of compensability for workers' compensation claims related to post-traumatic stress disorder; and providing for an effective date.

Last action — (H) REFERRED TO JUDICIARY

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 33rd Legislature (2023-2024). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

How this bill changes current law

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The bill establishes a presumption of compensability for workers' compensation claims related to post-traumatic stress disorder for certain employed individuals.

  • AS 23.30

    Sec. 23.30.118. Presumption of compensability for post-traumatic stress disorder. (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.

    This addition creates a new section establishing a presumption for workers' compensation for PTSD for specific occupations.

  • AS 23.30.120(c)

    the [THE] presumption of compensability established in (a) of this section does not apply to a mental injury resulting from work-related stress. → except as provided in AS 23.30.118, the presumption of compensability established in (a) of this section does not apply to a mental injury resulting from work-related stress.

    This change clarifies that the existing rule on the presumption of compensability does not apply to mental injuries from work-related stress unless specified exceptions like PTSD are provided.

Action History

  1. (H) REFERRED TO JUDICIARY

  2. (H) JUD, FIN

  3. (H) READ THE FIRST TIME - REFERRALS

  4. (H) Prefile released 1/8/24

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 64 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (64)

64 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety labor
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Frequently asked questions

Who sponsors HB 239?
HB 239 is sponsored by Andy Josephson (D).
What is the current status of HB 239?
This bill died with 33rd Legislature (2023-2024). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 239?
Track HB 239 free on One Click Politics — get push/email alerts when it moves.

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