Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB113 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 SENATE BILL 113
5	5	March 8, 2023 - Introduced by Senators JACQUE, AGARD, HESSELBEIN, LARSON, ROYS,
6	6	SMITH, SPREITZER, TESTIN, WANGGAARD and CABRAL-GUEVARA, cosponsored by
7	7	Representatives ARMSTRONG, EMERSON, C. ANDERSON, ANDRACA, BARE, CONLEY,
8	8	CONSIDINE, DITTRICH, JACOBSON, JOERS, MURSAU, NOVAK, OHNSTAD,
9	9	OLDENBURG, PLUMER, RATCLIFF, RETTINGER, SCHRAA, SINICKI, SNODGRASS,
10	10	SUBECK, TUSLER and SHANKLAND. Referred to Committee on Government
11	11	Operations, Elections and Consumer Protection.
12	12	AN ACT to renumber and amend 102.17 (9) (a) 1.; to amend 102.17 (9) (b)
13	13	(intro.); and to create 102.17 (9) (a) 1c., 102.17 (9) (a) 1e., 102.17 (9) (a) 1g. and
14	14	102.17 (9) (a) 1p. of the statutes; relating to: changing the conditions of
15	15	liability for worker's compensation benefits for emergency medical responders,
16	16	emergency medical services practitioners, volunteer fire fighters, correctional
17	17	officers, emergency dispatchers, coroners and coroner staff, and medical
18	18	examiners and medical examiner staff.
19	19	Analysis by the Legislative Reference Bureau
20	20	This bill makes changes to the conditions of liability for worker's compensation
21	21	benefits for emergency medical responders, emergency medical services
22	22	practitioners, volunteer fire fighters, correctional officers, emergency dispatchers,
23	23	coroners and coroner staff members, and medical examiners and medical examiner
24	24	staff members who are diagnosed with post-traumatic stress disorder (PTSD).
25	25	Under current law, if a law enforcement officer or full-time fire fighter is
26	26	diagnosed with PTSD by a licensed psychiatrist or psychologist, and the mental
27	27	injury that resulted in that diagnosis is not accompanied by a physical injury, that
28	28	law enforcement officer or fire fighter can bring a claim for worker's compensation
29	29	benefits if the conditions of liability are proven by the preponderance of the evidence
30	30	and the mental injury is not the result of a good faith employment action by the
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40	40	person's employer. Also under current law, liability for such treatment for a mental
41	41	injury is limited to no more than 32 weeks after the injury is first reported.
42	42	Under current law, an injured emergency medical responder, emergency
43	43	medical services practitioner, volunteer fire fighter, correctional officer, emergency
44	44	dispatcher, coroner, coroner staff member, medical examiner or medical examiner
45	45	staff member who does not have an accompanying physical injury must demonstrate
46	46	a diagnosis based on unusual stress of greater dimensions than the day-to-day
47	47	emotional strain and tension experienced by all employees as required under School
48	48	District No. 1 v. DILHR, 62 Wis. 2d 370, 215 N.W.2d 373 (1974) in order to receive
49	49	worker's compensation benefits for PTSD. Under the bill, such an injured emergency
50	50	medical responder, emergency medical services practitioner, volunteer fire fighter,
51	51	correctional officer, emergency dispatcher, coroner, coroner staff member, medical
52	52	examiner or medical examiner staff member is not required to demonstrate a
53	53	diagnosis based on that standard, and instead must demonstrate a diagnosis based
54	54	on the same standard as law enforcement officers and fire fighters. Finally, under
55	55	the bill, an emergency medical responder, emergency medical services practitioner,
56	56	volunteer fire fighter, correctional officer, emergency dispatcher, coroner, coroner
57	57	staff member, medical examiner, or medical examiner staff member is restricted to
58	58	compensation for a mental injury that is not accompanied by a physical injury and
59	59	that results in a diagnosis of PTSD three times in his or her lifetime irrespective of
60	60	a change of employer or employment in the same manner as law enforcement officers
61	61	and fire fighters.
62	62	For further information see the state and local fiscal estimate, which will be
63	63	printed as an appendix to this bill.
64	64	The people of the state of Wisconsin, represented in senate and assembly, do
65	65	enact as follows:
66	66	SECTION 1. 102.17 (9) (a) 1. of the statutes is renumbered 102.17 (9) (a) 1m. and
67	67	amended to read:
68	68	102.17 (9) (a) 1m. “Fire fighter" means any person employed on a full-time
69	69	basis by the state or any political subdivision as a member or officer of a fire
70	70	department, including the 1st class cities and state fire marshal and deputies or an
71	71	individual who volunteers as a member or officer of such a department.
72	72	SECTION 2. 102.17 (9) (a) 1c. of the statutes is created to read:
73	73	102.17 (9) (a) 1c. “Correctional officer” has the meaning given in s. 102.475 (8)
74	74	(a).
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88	88	SECTION 3. 102.17 (9) (a) 1e. of the statutes is created to read:
89	89	102.17 (9) (a) 1e. “Emergency medical responder” has the meaning given in s.
90	90	256.01 (4p).
91	91	SECTION 4. 102.17 (9) (a) 1g. of the statutes is created to read:
92	92	102.17 (9) (a) 1g. “Emergency medical services practitioner” has the meaning
93	93	given in s. 256.01 (5).
94	94	SECTION 5. 102.17 (9) (a) 1p. of the statutes is created to read:
95	95	102.17 (9) (a) 1p. “Medicolegal investigation staff member" includes a chief
96	96	deputy coroner, a deputy coroner, a deputy medical examiner, and any individual
97	97	who assists the office of a coroner or medical examiner with an investigation of a
98	98	death. “Medicolegal investigation staff member" does not include an individual
99	99	performing solely administrative functions in the office of a coroner or medical
100	100	examiner.
101	101	SECTION 6. 102.17 (9) (b) (intro.) of the statutes is amended to read:
102	102	102.17 (9) (b) (intro.) Subject to par. (c), in the case of a mental injury that is
103	103	not accompanied by a physical injury and that results in a diagnosis of
104	104	post-traumatic stress disorder in a law enforcement officer, as defined in s. 23.33 (1)
105	105	(ig), an emergency medical responder, an emergency services practitioner, a
106	106	correctional officer, a public safety answering point dispatcher, a coroner, a medical
107	107	examiner, a medicolegal investigation staff member, or a fire fighter, the claim for
108	108	compensation for the mental injury, in order to be compensable under this chapter,
109	109	is subject to all of the following:
110	110	SECTION 7.0Nonstatutory provisions.
111	111	(1) WORKER'S COMPENSATION INSURANCE; RATE APPROVAL; NOTICE. The
112	112	commissioner of insurance shall submit to the legislative reference bureau for
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139	139	SECTION 7 SENATE BILL 113
140	140	publication in the Wisconsin Administrative Register a notice of the effective date
141	141	of new rates for worker's compensation insurance first approved by the
142	142	commissioner after the effective date of this subsection.
143	143	SECTION 8.0Initial applicability.
144	144	(1) The treatment of s. 102.17 (9) (a) 1., 1c., 1e., 1g., and 1p. and (b) (intro.) first
145	145	applies to injuries reported on the effective date of rate changes for worker's
146	146	compensation insurance approved by the commissioner of insurance under s. 626.13
147	147	after the effective date of this subsection.
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