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.
SB168,1,7
1An Act to renumber and amend 102.17 (9) (a) 1.; to amend 102.17 (9) (b) 2(intro.); to create 102.17 (9) (a) 1c., 102.17 (9) (a) 1e., 102.17 (9) (a) 1g. and 3102.17 (9) (a) 1p. of the statutes; relating to: changing the conditions of
4liability for worker’s compensation benefits for emergency medical responders,
5emergency medical services practitioners, volunteer firefighters, correctional
6officers, emergency dispatchers, coroners and coroner staff, and medical
7examiners 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 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:
SB168,1
1Section 1. 102.17 (9) (a) 1. of the statutes is renumbered 102.17 (9) (a) 1m. 2and amended to read: SB168,2,63102.17 (9) (a) 1m. “Fire fighter” “Firefighter” means any person employed on 4a full-time basis by the state or any political subdivision as a member or officer of a 5fire department, including the 1st class cities and state fire marshal and deputies 6or an individual who volunteers as a member or officer of such a department. SB168,27Section 2. 102.17 (9) (a) 1c. of the statutes is created to read: SB168,3,2
1102.17 (9) (a) 1c. “Correctional officer” has the meaning given in s. 102.475 2(8) (a). SB168,33Section 3. 102.17 (9) (a) 1e. of the statutes is created to read: SB168,3,54102.17 (9) (a) 1e. “Emergency medical responder” has the meaning given in s. 5256.01 (4p). SB168,46Section 4. 102.17 (9) (a) 1g. of the statutes is created to read: SB168,3,87102.17 (9) (a) 1g. “Emergency medical services practitioner” has the meaning 8given in s. 256.01 (5). SB168,59Section 5. 102.17 (9) (a) 1p. of the statutes is created to read: SB168,3,1510102.17 (9) (a) 1p. “Medicolegal investigation staff member” includes a chief 11deputy coroner, a deputy coroner, a deputy medical examiner, and any individual 12who assists the office of a coroner or medical examiner with an investigation of a 13death. “Medicolegal investigation staff member” does not include an individual 14performing solely administrative functions in the office of a coroner or medical 15examiner. SB168,616Section 6. 102.17 (9) (b) (intro.) of the statutes is amended to read: SB168,4,217102.17 (9) (b) (intro.) Subject to par. (c), in the case of a mental injury that is 18not accompanied by a physical injury and that results in a diagnosis of post-19traumatic stress disorder in a law enforcement officer, as defined in s. 23.33 (1) (ig), 20an emergency medical responder, an emergency services practitioner, a correctional 21officer, a public safety answering point dispatcher, a coroner, a medical examiner, a 22medicolegal investigation staff member, or a fire fighter firefighter, the claim for
1compensation for the mental injury, in order to be compensable under this chapter, 2is subject to all of the following: SB168,73Section 7. Nonstatutory provisions. SB168,4,84(1) Worker’s compensation insurance; rate approval; notice. The 5commissioner of insurance shall submit to the legislative reference bureau for 6publication in the Wisconsin Administrative Register a notice of the effective date of 7new rates for worker’s compensation insurance first approved by the commissioner 8after the effective date of this subsection. SB168,89Section 8. Initial applicability. SB168,4,1310(1) The treatment of s. 102.17 (9) (a) 1., 1c., 1e., 1g., and 1p. and (b) (intro.) 11first applies to injuries reported on the effective date of rate changes for worker’s 12compensation insurance approved by the commissioner of insurance under s. 626.13 13after the effective date of this subsection.
