Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB168 Compare Versions

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

Old	New	Differences
1	1	2025 - 2026 LEGISLATURE
2	2	LRB-0062/1
3	3	MIM:amn
4	4	2025 SENATE BILL 168
5	5	April 3, 2025 - Introduced by Senators JACQUE, MARKLEIN, KEYESKI and SPREITZER,
6	6	cosponsored by Representatives ARMSTRONG, BEHNKE, GREEN, GUSTAFSON,
7	7	KITCHENS, KREIBICH, MELOTIK, MIRESSE, MURSAU, NOVAK, PIWOWARCZYK,
8	8	PRONSCHINSKE, STEFFEN, SUBECK, WITTKE and CALLAHAN. Referred to
9	9	Committee on Insurance, Housing, Rural Issues and Forestry.
10	10	AN ACT to renumber and amend 102.17 (9) (a) 1.; to amend 102.17 (9) (b)
11	11	(intro.); to create 102.17 (9) (a) 1c., 102.17 (9) (a) 1e., 102.17 (9) (a) 1g. and
12	12	102.17 (9) (a) 1p. of the statutes; relating to: changing the conditions of
13	13	liability for worker[s compensation benefits for emergency medical responders,
14	14	emergency medical services practitioners, volunteer firefighters, correctional
15	15	officers, emergency dispatchers, coroners and coroner staff, and medical
16	16	examiners and medical examiner staff.
17	17	Analysis by the Legislative Reference Bureau
18	18	This bill makes changes to the conditions of liability for worker[s compensation
19	19	benefits for emergency medical responders, emergency medical services
20	20	practitioners, volunteer firefighters, correctional officers, emergency dispatchers,
21	21	coroners and coroner staff members, and medical examiners and medical examiner
22	22	staff members who are diagnosed with post-traumatic stress disorder (PTSD).
23	23	Under current law, if a law enforcement officer or full-time firefighter is
24	24	diagnosed with PTSD by a licensed psychiatrist or psychologist, and the mental
25	25	injury that resulted in that diagnosis is not accompanied by a physical injury, that
26	26	1
27	27	2
28	28	3
29	29	4
30	30	5
31	31	6
32	32	7 2025 - 2026 Legislature
33	33	SENATE BILL 168
34	34	- 2 - LRB-0062/1
35	35	MIM:amn
36	36	SECTION 1
37	37	law enforcement officer or firefighter can bring a claim for worker[s compensation
38	38	benefits if the conditions of liability are proven by the preponderance of the evidence
39	39	and the mental injury is not the result of a good faith employment action by the
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 firefighter, 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
50	50	emergency medical responder, emergency medical services practitioner, volunteer
51	51	firefighter, correctional officer, emergency dispatcher, coroner, coroner staff
52	52	member, medical examiner, or medical examiner staff member is not required to
53	53	demonstrate a diagnosis based on that standard, and instead must demonstrate a
54	54	diagnosis based on the same standard as law enforcement officers and firefighters.
55	55	Finally, under the bill, an emergency medical responder, emergency medical
56	56	services practitioner, volunteer firefighter, correctional officer, emergency
57	57	dispatcher, coroner, coroner staff member, medical examiner, or medical examiner
58	58	staff member is restricted to compensation for a mental injury that is not
59	59	accompanied by a physical injury and that results in a diagnosis of PTSD three
60	60	times in his or her lifetime irrespective of a change of employer or employment in the
61	61	same manner as law enforcement officers and firefighters.
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.
67	67	and amended to read:
68	68	102.17 (9) (a) 1m. XFire fighterY XFirefighterY means any person employed on
69	69	a full-time basis by the state or any political subdivision as a member or officer of a
70	70	fire department, including the 1st class cities and state fire marshal and deputies
71	71	or an 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	1
74	74	2
75	75	3
76	76	4
77	77	5
78	78	6
79	79	7 2025 - 2026 Legislature
80	80	SENATE BILL 168
81	81	- 3 - LRB-0062/1
82	82	MIM:amn
83	83	SECTION 2
84	84	102.17 (9) (a) 1c. XCorrectional officerY has the meaning given in s. 102.475
85	85	(8) (a).
86	86	SECTION 3. 102.17 (9) (a) 1e. of the statutes is created to read:
87	87	102.17 (9) (a) 1e. XEmergency medical responderY has the meaning given in s.
88	88	256.01 (4p).
89	89	SECTION 4. 102.17 (9) (a) 1g. of the statutes is created to read:
90	90	102.17 (9) (a) 1g. XEmergency medical services practitionerY has the meaning
91	91	given in s. 256.01 (5).
92	92	SECTION 5. 102.17 (9) (a) 1p. of the statutes is created to read:
93	93	102.17 (9) (a) 1p. XMedicolegal investigation staff memberY includes a chief
94	94	deputy coroner, a deputy coroner, a deputy medical examiner, and any individual
95	95	who assists the office of a coroner or medical examiner with an investigation of a
96	96	death. XMedicolegal investigation staff memberY does not include an individual
97	97	performing solely administrative functions in the office of a coroner or medical
98	98	examiner.
99	99	SECTION 6. 102.17 (9) (b) (intro.) of the statutes is amended to read:
100	100	102.17 (9) (b) (intro.) Subject to par. (c), in the case of a mental injury that is
101	101	not accompanied by a physical injury and that results in a diagnosis of post-
102	102	traumatic stress disorder in a law enforcement officer, as defined in s. 23.33 (1) (ig),
103	103	an emergency medical responder, an emergency services practitioner, a correctional
104	104	officer, a public safety answering point dispatcher, a coroner, a medical examiner, a
105	105	medicolegal investigation staff member, or a fire fighter firefighter, the claim for
106	106	1
107	107	2
108	108	3
109	109	4
110	110	5
111	111	6
112	112	7
113	113	8
114	114	9
115	115	10
116	116	11
117	117	12
118	118	13
119	119	14
120	120	15
121	121	16
122	122	17
123	123	18
124	124	19
125	125	20
126	126	21
127	127	22 2025 - 2026 Legislature
128	128	SENATE BILL 168
129	129	- 4 - LRB-0062/1
130	130	MIM:amn
131	131	SECTION 6
132	132	compensation for the mental injury, in order to be compensable under this chapter,
133	133	is subject to all of the following:
134	134	SECTION 7. Nonstatutory provisions.
135	135	(1) WORKER[S COMPENSATION INSURANCE; RATE APPROVAL; NOTICE. The
136	136	commissioner of insurance shall submit to the legislative reference bureau for
137	137	publication in the Wisconsin Administrative Register a notice of the effective date of
138	138	new rates for worker[s compensation insurance first approved by the commissioner
139	139	after the effective date of this subsection.
140	140	SECTION 8. Initial applicability.
141	141	(1) The treatment of s. 102.17 (9) (a) 1., 1c., 1e., 1g., and 1p. and (b) (intro.)
142	142	first applies to injuries reported on the effective date of rate changes for worker[s
143	143	compensation insurance approved by the commissioner of insurance under s. 626.13
144	144	after the effective date of this subsection.
145	145	(END)
146	146	1
147	147	2
148	148	3
149	149	4
150	150	5
151	151	6
152	152	7
153	153	8
154	154	9
155	155	10
156	156	11
157	157	12
158	158	13
159	159	14