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LRB-3571/1
AJM:ahe
2017 - 2018 LEGISLATURE
July 14, 2017 - Introduced by Representatives Jacque, Allen, Considine,
Anderson, Ballweg, Berceau, Brostoff, Doyle, Genrich, Horlacher,
Ohnstad, Sargent, Skowronski, C. Taylor and Tusler, cosponsored by
Senators Wanggaard and Bewley. Referred to Committee on Workforce
Development.
AB434,1,2 1An Act to create 102.03 (6) of the statutes; relating to: worker's compensation
2claims by certain public safety employees for post-traumatic stress disorder.
Analysis by the Legislative Reference Bureau
This bill makes changes to the conditions of liability for worker's compensation
benefits for a law enforcement officer, a fire fighter, or a member of emergency
services personnel (public safety employee) who is diagnosed with post-traumatic
stress disorder.
The bill creates a presumption that a diagnosis of post-traumatic stress
disorder in a public safety employee arises out of the employee's employment for
purposes of worker's compensation. Current law provides that an employer is liable
for accidents or diseases of its employees if the accident or disease causing injury
arose out of the employee's employment.
The bill also provides that, in the case that a public safety employee suffers a
mental injury that arises out of his or her employment and results in a diagnosis of
post-traumatic stress disorder, the employee is not required to show that the mental
injury was caused by unusual stress of greater dimensions than the day-to-day
emotional strain and tension experienced by similarly situated employees in order
for the injury to be compensable under the worker's compensation law. Current law,
under School District No. 1 v. DILHR, 62 Wis. 2d 370, 215 N.W.2d 373 (1974),
requires that, for a mental injury to be compensable under the worker's
compensation law, the mental injury must result “from a situation of greater
dimensions than the day-to-day emotional strain and tension which all employees
must experience.”

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:
AB434,1 1Section 1. 102.03 (6) of the statutes is created to read:
AB434,2,82 102.03 (6) (a) A diagnosis of post-traumatic stress disorder of a law
3enforcement officer, as defined in s. 23.33 (1) (ig), a fire fighter, an emergency medical
4services practitioner, as defined in s. 256.01 (5), or an emergency medical responder,
5as defined in s. 256.01 (4p) is presumed to arise out of the employee's employment.
6The burden of proving that the diagnosis under this subsection is not related to
7employment is on the party asserting that the diagnosis is not related to
8employment.
AB434,2,159 (b) A law enforcement officer, as defined in s. 23.33 (1) (ig), a fire fighter, an
10emergency medical services practitioner, as defined in s. 256.01 (5), or an emergency
11medical responder, as defined in s. 256.01 (4p), who suffers a mental injury that
12results in a diagnosis of post-traumatic stress disorder and arises out of his or her
13employment may not be required to show unusual stress of greater dimensions than
14the day-to-day emotional strain and tension experienced by similarly situated
15employees for the mental injury to be compensable under this chapter.
AB434,2,1616 (End)
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