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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1425
BY
JUDICIARY
AND
RULES
COMMITTEE
AN
ACT
1
RELATING
TO
WORKER'S
COMPENSATION;
AMENDING
SECTION
72
-
451,
IDAHO
CODE,
TO
2
REVISE
A
DEFINITION;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFEC
-
3
TIVE
DATE.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Section
72
-
451,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
72
-
451.
PSYCHOLOGICAL
ACCIDENTS
AND
INJURIES.
(1)
Psychological
in
-
8
juries,
disorders
or
conditions
shall
not
be
compensated
under
this
title,
9
unless
the
following
conditions
are
met:
10
(a)
Such
injuries
of
any
kind
or
nature
emanating
from
the
workplace
1
1
shall
be
compensated
only
if
caused
by
accident
and
physical
injury
as
12
defined
in
section
72
-
102(17)(a)
through
(c),
Idaho
Code,
or
only
if
13
accompanying
an
occupational
disease
with
resultant
physical
injury,
14
except
that
a
psychological
mishap
or
event
may
constitute
an
accident
15
where:
16
(i)
It
results
in
resultant
physical
injury
as
long
as
the
psycho
-
17
logical
mishap
or
event
meets
the
other
criteria
of
this
section;
18
(ii)
It
is
readily
recognized
and
identifiable
as
having
occurred
19
in
the
workplace;
and
20
(iii)
It
must
be
the
product
of
a
sudden
and
extraordinary
event;
21
(b)
No
compensation
shall
be
paid
for
such
injuries
arising
from
con
-
22
ditions
generally
inherent
in
every
working
situation
or
from
a
person
-
23
nel
-
related
action
including,
but
not
limited
to,
disciplinary
action,
24
changes
in
duty,
job
evaluation
or
employment
termination;
25
(c)
Such
accident
and
injury
must
be
the
predominant
cause
as
compared
26
to
all
other
causes
combined
of
any
consequence
for
which
benefits
are
27
claimed
under
this
section;
28
(d)
Where
psychological
causes
or
injuries
are
recognized
by
this
sec
-
29
tion,
such
causes
or
injuries
must
exist
in
a
real
and
objective
sense;
30
(e)
Any
permanent
impairment
or
permanent
disability
for
psychologi
-
31
cal
injury
recognizable
under
the
Idaho
worker's
compensation
law
must
32
be
based
on
a
condition
sufficient
to
constitute
a
diagnosis
using
the
33
terminology
and
criteria
of
the
American
psychiatric
association's
di
-
34
agnostic
and
statistical
manual
of
mental
disorders,
third
edition
re
-
35
vised,
or
any
successor
manual
promulgated
by
the
American
psychiatric
36
association,
and
must
be
made
by
a
psychologist
or
psychiatrist
duly
li
-
37
censed
to
practice
in
the
jurisdiction
in
which
treatment
is
rendered;
38
and
39
(f)
Clear
and
convincing
evidence
that
the
psychological
injuries
40
arose
out
of
and
in
the
course
of
the
employment
from
an
accident
or
oc
-
41
cupational
disease
as
contemplated
in
this
section
is
required.
42
2
(2)
Nothing
in
subsection
(1)
of
this
section
shall
be
construed
as
1
allowing
compensation
for
psychological
injuries
from
psychological
causes
2
without
accompanying
physical
injury.
3
(3)
The
provisions
of
subsection
(1)
of
this
section
shall
apply
to
ac
-
4
cidents
and
injuries
occurring
on
or
after
July
1,
1994,
and
to
causes
of
ac
-
5
tion
for
benefits
accruing
on
or
after
July
1,
1994,
notwithstanding
that
6
the
original
worker's
compensation
claim
may
have
occurred
prior
to
July
1,
7
1994.
8
(4)
Notwithstanding
subsection
(1)
of
this
section,
post
-
traumatic
9
stress
injury
suffered
by
a
first
responder
is
a
compensable
injury
or
occu
-
10
pational
disease
when
the
following
conditions
are
met:
1
1
(a)
The
first
responder
is
examined
and
subsequently
diagnosed
with
12
post
-
traumatic
stress
injury
by
a
psychologist,
a
psychiatrist
duly
li
-
13
censed
to
practice
in
the
jurisdiction
where
treatment
is
rendered,
or
a
14
counselor
trained
in
post
-
traumatic
stress
injury;
and
15
(b)
Clear
and
convincing
evidence
indicates
that
the
post
-
traumatic
16
stress
injury
was
caused
by
an
event
or
events
arising
out
of
and
in
the
17
course
of
the
first
responder's
employment.
18
(5)
No
compensation
shall
be
paid
for
such
injuries
described
in
sub
-
19
section
(4)
of
this
section
arising
from
a
personnel
-
related
action
includ
-
20
ing,
but
not
limited
to,
disciplinary
action,
changes
in
duty,
job
evalua
-
21
tion,
or
employment
termination.
22
(6)
As
used
in
subsection
(4)
of
this
section:
23
(a)
"Post
-
traumatic
stress
injury"
means
a
disorder
that
meets
the
di
-
24
agnostic
criteria
for
post
-
traumatic
stress
disorder
or
post
-
traumatic
25
stress
injury
specified
by
the
American
psychiatric
association's
di
-
26
agnostic
and
statistical
manual
of
mental
disorders,
fifth
edition
re
-
27
vised,
or
any
successor
manual
promulgated
by
the
American
psychiatric
28
association.
29
(b)
"First
responder"
means:
30
(i)
A
peace
officer
as
defined
in
section
19
-
5101(d),
Idaho
Code,
31
when
employed
by
a
city,
county,
or
the
Idaho
state
police;
32
(ii)
A
firefighter
as
defined
in
section
59
-
1302(16),
Idaho
Code;
33
(iii)
A
volunteer
emergency
responder
as
defined
in
section
34
72
-
102,
Idaho
Code;
35
(iv)
An
emergency
medical
services
provider
and
an
ambu
-
36
lance
-
based
clinician
certified
pursuant
to
chapter
9,
title
46,
37
Idaho
Code;
and
38
(v)
An
emergency
communications
officer
as
defined
in
section
39
19
-
5101(f),
Idaho
Code
.
;
and
40
(vi)
A
coroner
or
medicolegal
death
investigator
as
those
terms
41
are
defined
in
section
31
-
2811,
Idaho
Code,
and
any
employee
of
a
42
coroner
whose
duties
include
and
primarily
consist
of
the
deter
-
43
mination
of
cause
and
manner
of
death,
including
death
investiga
-
44
tion,
forensic
pathology
and
related
duties,
and
supportive
ad
-
45
ministrative
functions.
46
(7)
Subsections
(4)
through
(6)
of
this
section
are
effective
for
first
47
responders
with
dates
of
injury
or
manifestations
of
occupational
disease
on
48
or
after
July
1,
2019.
49
3
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
1
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
2
July
1,
2026.
3