AB 115

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

benefits for emergency medical responders, emergency medical services

practitioners, volunteer fire fighters, correctional officers, emergency dispatchers,

coroners and coroner staff members, and medical examiners and medical examiner

staff members who are diagnosed with post-traumatic stress disorder (PTSD).

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, emergency

medical services practitioner, volunteer fire fighter, correctional officer, emergency

dispatcher, coroner, coroner staff member, medical examiner or medical examiner

staff member 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, emergency medical services practitioner, volunteer fire fighter,

correctional officer, emergency dispatcher, coroner, coroner staff member, medical

examiner or medical examiner staff member 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 responder, emergency medical services practitioner,

volunteer fire fighter, correctional officer, emergency dispatcher, coroner, coroner

staff member, medical examiner, or medical examiner staff member 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 fire fighters.