H0432B0419A02901 MSP:JMT 09/23/19 #90 A02901
AMENDMENTS TO HOUSE BILL NO. 432
Sponsor: REPRESENTATIVE BARRAR
Printer's No. 419
Amend Bill, page 1, lines 7 and 8, by striking out "the
definition of "occupational disease"" and inserting
definitions
Amend Bill, page 1, lines 13 through 17; page 2, lines 1
through 13; by striking out all of said lines on said pages and
inserting
Section 1. Section 109 of the act of June 2, 1915 (P.L.736,
No.338), known as the Workers' Compensation Act, is amended by
adding definitions to read:
Section 109. In addition to the definitions set forth in
this article, the following words and phrases when used in this
act shall have the meanings given to them in this section unless
the context clearly indicates otherwise:
* * *
"Corrections officer" means a full-time employe assigned to
the Department of Corrections whose principal duty is the care,
custody and control of inmates of a penal or correctional
institution operated by the Department of Corrections.
* * *
"Post-traumatic stress injury" shall mean a post-traumatic
stress disorder as defined by a mental disorder characterized by
direct exposure to a traumatic event as identified by the
American Psychiatric Association and documented in the American
Psychiatric Association's Diagnostic and Statistical Manual of
Mental Disorders, 5th Edition.
* * *
"Telecommunicator" means an individual employed by a public
safety answering point whose primary responsibility is to
receive, process, transmit or dispatch emergency and
nonemergency calls for service for emergency medical, fire and
rescue, law enforcement or other public safety services via
telephone, radio or other communication device. The term shall
include, but not be limited to, call takers, emergency
dispatchers and supervisors.
* * *
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Amend Bill, page 2, line 17, by inserting after "(g) "
(1)
Amend Bill, page 2, line 20, by inserting after "paramedics,"
telecommunicator, corrections officer,
Amend Bill, page 2, line 23, by striking out "a preponderance
of the" and inserting
substantial competent
Amend Bill, page 2, line 24, by inserting after "injury"
was caused by a direct exposure to a normal or abnormal
working condition and
Amend Bill, page 2, by inserting between lines 25 and 26
(2) A post-traumatic stress injury suffered by an individual
under paragraph (1) shall be based on an examination and
diagnosis by a psychologist or psychiatrist duly licensed under
the laws of this Commonwealth.
(3) For purposes of this subsection, a post-traumatic stress
injury suffered as a result of an employment action, including,
but not limited to, disciplinary action, job or performance
evaluation, job transfers or employment termination shall not be
compensable unless it can be established by substantial
competent evidence that the underlying cause of the employment
action is directly attributable to the injury as provided for
under this subsection.
Amend Bill, page 2, line 26, by inserting after "The "
amendment or
Amend Bill, page 2, line 26, by striking out "108(s)" and
inserting
109
Amend Bill, page 2, line 29, by striking out "in 60 days."
and inserting
as follows:
(1) The amendment or addition of sections 109 and 301(g)
of the act shall take effect one year after the effective
date of this section.
(2) The remainder of this act shall take effect
immediately.
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See A02901 in
the context
of HB0432