AB 434

This bill makes changes to the conditions of liability for worker's compensation

benefits for a law enforcement officer, a fire fighter, or a member of emergency

services personnel (public safety employee) who is diagnosed with post-traumatic

stress disorder.

The bill creates a presumption that a diagnosis of post-traumatic stress

disorder in a public safety employee arises out of the employee's employment for

purposes of worker's compensation. Current law provides that an employer is liable

for accidents or diseases of its employees if the accident or disease causing injury

arose out of the employee's employment.

The bill also provides that, in the case that a public safety employee suffers a

mental injury that arises out of his or her employment and results in a diagnosis of

post-traumatic stress disorder, the employee is not required to show that the mental

injury was caused by unusual stress of greater dimensions than the day-to-day

emotional strain and tension experienced by similarly situated employees in order

for the injury to be compensable under the worker's compensation law. Current law,

under

School District No. 1 v. DILHR

, 62 Wis. 2d 370, 215 N.W.2d 373 (1974),

requires that, for a mental injury to be compensable under the worker's

compensation law, the mental injury must result “from a situation of greater

dimensions than the day-to-day emotional strain and tension which all employees

must experience.”