Relates to benefits for police officers, correction officers, firefighters, and other emergency personnel diagnosed with PTSD by making their injury compensable if it cannot be shown, by a preponderance of evidence, that the PTSD was caused by factors unrelated to their occupation.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2302
SPONSOR: O'Donnell TITLE OF BILL:
An act to amend the workers' compensation law, in relation to benefits
for police officers, correction officers, firefighters, and other emer-
gency personnel diagnosed with PTSD
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Subdivision 3 of section 10 of the workers' compensation law
is amended be adding a new paragraph (c) to read: Where a police offi-
cer, correction officer, firefighter, emergency medical technician,
paramedic, emergency dispatcher or other person certified to provide
medical care in emergencies is diagnosed by a psychiatrist or psychol-
ogist to have post-traumatic stress disorder, it shall be presumed to
have been incurred during service in the line of duty and shall be
compensable, unless it is shown by a preponderance of the evidence that
the post-traumatic stress disorder was caused by nonservice-connected
risk factors or nonservice-connected exposure. Such person who is diag-
nosed with post-traumatic stress disorder within three years of the last
active date of employment as a police officer, correction officer fire-
fighter, emergency medical technician, paramedic, emergency dispatcher
or other person certified to provide medical care in emergencies shall
be eligible for benefits under this subdivision.
JUSTIFICATION:
First responders have been there during September 11, 2001, hurricane
Sandy, Irene, Irma, Maria and Katerina. First responders are often the
lifeline between our families and communities and their survival. First
responders are exposed to an incredible amount of stress on a daily
basis, simply by the nature of their job. The effects of such rigorous,
high-intensity work are real, and the hardworking men and women who help
keep our communities safe deserve to be compensated. First responders
however experience, often on a daily basis a slew of traumatic incidents
that affect them and their families. The emergencies can range from the
mundane incident, to fires, car accidents, and even horrific crimes. A
2010-2011 study from the Department of Psychology at N. Illinois Univer-
sity revealed that public safety responders suffer from post-traumatic
stress disorder (PTSD) at a higher percentage than the general popu-
lation. The study, conducted by Heather Pierce and Michelle Lilly, cred-
ited this higher percentage to "significant duty-related trauma expo-
sure." Often the case many first responders who face PTSD, similar to
our brave men and women who serve in our military often find themselves
as a burden to their families and often take drastic measures such as
suicide, alcohol or drug abuse, or abuse spouses and loved ones. This
legislation specific intent is not only to assure proper compensation
for work-related mental health illness, but to assure that these indi-
viduals have access to proper psychological treatment. This is a quali-
ty of life measure for those individuals that protect our families and
communities on a daily baSis.
PRIOR LEGISLATIVE HISTORY:
2018: A11294 - Referred to Labor
2019: A1979 - Referred to Labor
2020: A1979 - Referred to Labor
2021: A4939 - Referred to Labor
FISCAL IMPLICATIONS:
Subject to appropriation.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2302
2023-2024 Regular Sessions
IN ASSEMBLY
January 25, 2023
___________
Introduced by M. of A. O'DONNELL -- read once and referred to the
Committee on Labor
AN ACT to amend the workers' compensation law, in relation to benefits
for police officers, correction officers, firefighters, and other
emergency personnel diagnosed with PTSD
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 10 of the workers' compensation
2 law is amended by adding a new paragraph (c) to read as follows:
3 (c) Where a police officer, correction officer, firefighter, emergency
4 medical technician, paramedic, emergency dispatcher or other person
5 certified to provide medical care in emergencies is diagnosed by a
6 psychiatrist or psychologist to have post-traumatic stress disorder, it
7 shall be presumed to have been incurred during service in the line of
8 duty and shall be compensable, unless it is shown by a preponderance of
9 the evidence that the post-traumatic stress disorder was caused by
10 nonservice-connected risk factors or nonservice-connected exposure.
11 Such person who is diagnosed with post-traumatic stress disorder within
12 three years of the last active date of employment as a police officer,
13 correction officer, firefighter, emergency medical technician, paramed-
14 ic, emergency dispatcher or other person certified to provide medical
15 care in emergencies shall be eligible for benefits under this subdivi-
16 sion.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03309-01-3
