SB 680

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

benefits for emergency medical responders and emergency medical services

practitioners who are paid emergency medical responders or paid emergency medical

services practitioners and who are diagnosed with post-traumatic stress disorder

(PTSD). The bill does not apply to volunteer emergency medical responders or

emergency medical services practitioners.

Under current law, if a law enforcement officer or full-time fire fighter is

diagnosed with PTSD by a licensed psychiatrist or psychologist and the mental injury

that resulted in that diagnosis is not accompanied by a physical injury, that law

enforcement officer or fire fighter can bring a claim for worker's compensation

benefits if the conditions of liability are proven by the preponderance of the evidence

and the mental injury is not the result of a good faith employment action by the

person's employer. Also under current law, liability for such treatment for a mental

injury is limited to no more than 32 weeks after the injury is first reported.

Under current law, an injured emergency medical responder or emergency

medical services practitioner who does not have an accompanying physical injury

must demonstrate a diagnosis based on unusual stress of greater dimensions than

the day-to-day emotional strain and tension experienced by all employees as

required under

School District No. 1 v. DILHR

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

in order to receive worker's compensation benefits for PTSD. Under the bill, such an

injured emergency medical responder or emergency medical services practitioner is

not required to demonstrate a diagnosis based on that standard, and instead must

demonstrate a diagnosis based on the same standard as law enforcement officers and

fire fighters. Finally, under the bill, an emergency medical services practitioner is

restricted to compensation for a mental injury that is not accompanied by a physical

injury and that results in a diagnosis of PTSD three times in his or her lifetime

irrespective of a change of employer or employment in the same manner as law

enforcement officers and firefighters.