Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB115 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 115
5	5	March 21, 2023 - Introduced by Representatives A RMSTRONG, EMERSON, C.
6	6	ANDERSON, ANDRACA, BARE, CONLEY, CONSIDINE, DITTRICH, JACOBSON, JOERS,
7	7	MURSAU, NOVAK, OHNSTAD, OLDENBURG, PLUMER, RATCLIFF, RETTINGER, SCHRAA,
8	8	SHANKLAND, SINICKI, SNODGRASS, SUBECK, TUSLER, PENTERMAN and TITTL,
9	9	cosponsored by Senators JACQUE, AGARD, HESSELBEIN, LARSON, ROYS, SMITH,
10	10	SPREITZER, TESTIN, WANGGAARD, CABRAL-GUEVARA, MARKLEIN and CARPENTER.
11	11	Referred to Committee on W orkforce Development and Economic
12	12	Opportunities.
13	13	*AUTHORS SUBJECT TO CHANGE*
14	14	AN ACT to renumber and amend 102.17 (9) (a) 1.; to amend 102.17 (9) (b)
15	15	(intro.); and to create 102.17 (9) (a) 1c., 102.17 (9) (a) 1e., 102.17 (9) (a) 1g. and
16	16	102.17 (9) (a) 1p. of the statutes; relating to: changing the conditions of
17	17	liability for worker's compensation benefits for emergency medical responders,
18	18	emergency medical services practitioners, volunteer fire fighters, correctional
19	19	officers, emergency dispatchers, coroners and coroner staff, and medical
20	20	examiners and medical examiner staff.
21	21	Analysis by the Legislative Reference Bureau
22	22	This bill makes changes to the conditions of liability for worker's compensation
23	23	benefits for emergency medical responders, emergency medical services
24	24	practitioners, volunteer fire fighters, correctional officers, emergency dispatchers,
25	25	coroners and coroner staff members, and medical examiners and medical examiner
26	26	staff members who are diagnosed with post-traumatic stress disorder (PTSD).
27	27	Under current law, if a law enforcement officer or full-time fire fighter is
28	28	diagnosed with PTSD by a licensed psychiatrist or psychologist, and the mental
29	29	injury that resulted in that diagnosis is not accompanied by a physical injury, that
30	30	law enforcement officer or fire fighter can bring a claim for worker's compensation
31	31	benefits if the conditions of liability are proven by the preponderance of the evidence
32	32	and the mental injury is not the result of a good faith employment action by the
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42	42	person's employer. Also under current law, liability for such treatment for a mental
43	43	injury is limited to no more than 32 weeks after the injury is first reported.
44	44	Under current law, an injured emergency medical responder, emergency
45	45	medical services practitioner, volunteer fire fighter, correctional officer, emergency
46	46	dispatcher, coroner, coroner staff member, medical examiner or medical examiner
47	47	staff member who does not have an accompanying physical injury must demonstrate
48	48	a diagnosis based on unusual stress of greater dimensions than the day-to-day
49	49	emotional strain and tension experienced by all employees as required under School
50	50	District No. 1 v. DILHR, 62 Wis. 2d 370, 215 N.W.2d 373 (1974) in order to receive
51	51	worker's compensation benefits for PTSD. Under the bill, such an injured emergency
52	52	medical responder, emergency medical services practitioner, volunteer fire fighter,
53	53	correctional officer, emergency dispatcher, coroner, coroner staff member, medical
54	54	examiner or medical examiner staff member is not required to demonstrate a
55	55	diagnosis based on that standard, and instead must demonstrate a diagnosis based
56	56	on the same standard as law enforcement officers and fire fighters. Finally, under
57	57	the bill, an emergency medical responder, emergency medical services practitioner,
58	58	volunteer fire fighter, correctional officer, emergency dispatcher, coroner, coroner
59	59	staff member, medical examiner, or medical examiner staff member is restricted to
60	60	compensation for a mental injury that is not accompanied by a physical injury and
61	61	that results in a diagnosis of PTSD three times in his or her lifetime irrespective of
62	62	a change of employer or employment in the same manner as law enforcement officers
63	63	and fire fighters.
64	64	For further information see the state and local fiscal estimate, which will be
65	65	printed as an appendix to this bill.
66	66	The people of the state of Wisconsin, represented in senate and assembly, do
67	67	enact as follows:
68	68	SECTION 1. 102.17 (9) (a) 1. of the statutes is renumbered 102.17 (9) (a) 1m. and
69	69	amended to read:
70	70	102.17 (9) (a) 1m. “Fire fighter" means any person employed on a full-time
71	71	basis by the state or any political subdivision as a member or officer of a fire
72	72	department, including the 1st class cities and state fire marshal and deputies or an
73	73	individual who volunteers as a member or officer of such a department.
74	74	SECTION 2. 102.17 (9) (a) 1c. of the statutes is created to read:
75	75	102.17 (9) (a) 1c. “Correctional officer” has the meaning given in s. 102.475 (8)
76	76	(a).
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90	90	SECTION 3. 102.17 (9) (a) 1e. of the statutes is created to read:
91	91	102.17 (9) (a) 1e. “Emergency medical responder” has the meaning given in s.
92	92	256.01 (4p).
93	93	SECTION 4. 102.17 (9) (a) 1g. of the statutes is created to read:
94	94	102.17 (9) (a) 1g. “Emergency medical services practitioner” has the meaning
95	95	given in s. 256.01 (5).
96	96	SECTION 5. 102.17 (9) (a) 1p. of the statutes is created to read:
97	97	102.17 (9) (a) 1p. “Medicolegal investigation staff member" includes a chief
98	98	deputy coroner, a deputy coroner, a deputy medical examiner, and any individual
99	99	who assists the office of a coroner or medical examiner with an investigation of a
100	100	death. “Medicolegal investigation staff member" does not include an individual
101	101	performing solely administrative functions in the office of a coroner or medical
102	102	examiner.
103	103	SECTION 6. 102.17 (9) (b) (intro.) of the statutes is amended to read:
104	104	102.17 (9) (b) (intro.) Subject to par. (c), in the case of a mental injury that is
105	105	not accompanied by a physical injury and that results in a diagnosis of
106	106	post-traumatic stress disorder in a law enforcement officer, as defined in s. 23.33 (1)
107	107	(ig), an emergency medical responder, an emergency services practitioner, a
108	108	correctional officer, a public safety answering point dispatcher, a coroner, a medical
109	109	examiner, a medicolegal investigation staff member, or a fire fighter, the claim for
110	110	compensation for the mental injury, in order to be compensable under this chapter,
111	111	is subject to all of the following:
112	112	SECTION 7.0Nonstatutory provisions.
113	113	(1) WORKER'S COMPENSATION INSURANCE; RATE APPROVAL; NOTICE. The
114	114	commissioner of insurance shall submit to the legislative reference bureau for
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141	141	SECTION 7 ASSEMBLY BILL 115
142	142	publication in the Wisconsin Administrative Register a notice of the effective date
143	143	of new rates for worker's compensation insurance first approved by the
144	144	commissioner after the effective date of this subsection.
145	145	SECTION 8.0Initial applicability.
146	146	(1) The treatment of s. 102.17 (9) (a) 1., 1c., 1e., 1g., and 1p. and (b) (intro.) first
147	147	applies to injuries reported on the effective date of rate changes for worker's
148	148	compensation insurance approved by the commissioner of insurance under s. 626.13
149	149	after the effective date of this subsection.
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