2025 - 2026 LEGISLATURE
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2025 SENATE BILL 168
April 3, 2025 - Introduced by Senators JACQUE, MARKLEIN, KEYESKI and SPREITZER,
cosponsored by Representatives ARMSTRONG, BEHNKE, GREEN, GUSTAFSON,
KITCHENS, KREIBICH, MELOTIK, MIRESSE, MURSAU, NOVAK, PIWOWARCZYK,
PRONSCHINSKE, STEFFEN, SUBECK, WITTKE and CALLAHAN. Referred to
Committee on Insurance, Housing, Rural Issues and Forestry.
AN ACT to renumber and amend 102.17 (9) (a) 1.; to amend 102.17 (9) (b)
(intro.); to create 102.17 (9) (a) 1c., 102.17 (9) (a) 1e., 102.17 (9) (a) 1g. and
102.17 (9) (a) 1p. of the statutes; relating to: changing the conditions of
liability for worker[s compensation benefits for emergency medical responders,
emergency medical services practitioners, volunteer firefighters, correctional
officers, emergency dispatchers, coroners and coroner staff, and medical
examiners and medical examiner staff.
Analysis by the Legislative Reference Bureau
This bill makes changes to the conditions of liability for worker[s compensation
benefits for emergency medical responders, emergency medical services
practitioners, volunteer firefighters, 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 firefighter 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
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law enforcement officer or firefighter 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 firefighter, 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
firefighter, 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 firefighters.
Finally, under the bill, an emergency medical responder, emergency medical
services practitioner, volunteer firefighter, 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 firefighters.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 102.17 (9) (a) 1. of the statutes is renumbered 102.17 (9) (a) 1m.
and amended to read:
102.17 (9) (a) 1m. XFire fighterY XFirefighterY means any person employed on
a full-time basis by the state or any political subdivision as a member or officer of a
fire department, including the 1st class cities and state fire marshal and deputies
or an individual who volunteers as a member or officer of such a department.
SECTION 2. 102.17 (9) (a) 1c. of the statutes is created to read:
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102.17 (9) (a) 1c. XCorrectional officerY has the meaning given in s. 102.475
(8) (a).
SECTION 3. 102.17 (9) (a) 1e. of the statutes is created to read:
102.17 (9) (a) 1e. XEmergency medical responderY has the meaning given in s.
256.01 (4p).
SECTION 4. 102.17 (9) (a) 1g. of the statutes is created to read:
102.17 (9) (a) 1g. XEmergency medical services practitionerY has the meaning
given in s. 256.01 (5).
SECTION 5. 102.17 (9) (a) 1p. of the statutes is created to read:
102.17 (9) (a) 1p. XMedicolegal investigation staff memberY includes a chief
deputy coroner, a deputy coroner, a deputy medical examiner, and any individual
who assists the office of a coroner or medical examiner with an investigation of a
death. XMedicolegal investigation staff memberY does not include an individual
performing solely administrative functions in the office of a coroner or medical
examiner.
SECTION 6. 102.17 (9) (b) (intro.) of the statutes is amended to read:
102.17 (9) (b) (intro.) Subject to par. (c), in the case of a mental injury that is
not accompanied by a physical injury and that results in a diagnosis of post-
traumatic stress disorder in a law enforcement officer, as defined in s. 23.33 (1) (ig),
an emergency medical responder, an emergency services practitioner, a correctional
officer, a public safety answering point dispatcher, a coroner, a medical examiner, a
medicolegal investigation staff member, or a fire fighter firefighter, the claim for
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compensation for the mental injury, in order to be compensable under this chapter,
is subject to all of the following:
SECTION 7. Nonstatutory provisions.
(1) WORKER[S COMPENSATION INSURANCE; RATE APPROVAL; NOTICE. The
commissioner of insurance shall submit to the legislative reference bureau for
publication in the Wisconsin Administrative Register a notice of the effective date of
new rates for worker[s compensation insurance first approved by the commissioner
after the effective date of this subsection.
SECTION 8. Initial applicability.
(1) The treatment of s. 102.17 (9) (a) 1., 1c., 1e., 1g., and 1p. and (b) (intro.)
first applies to injuries reported on the effective date of rate changes for worker[s
compensation insurance approved by the commissioner of insurance under s. 626.13
after the effective date of this subsection.
(END)
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