PRINTER'S NO. 1916
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1632
Session of
2023
INTRODUCED BY O'MARA, SOLOMON, GILLEN, KHAN, SCOTT, BRENNAN,
RIGBY, SCHLOSSBERG, McNEILL, HILL-EVANS, PIELLI, MADDEN,
HANBIDGE, DELLOSO, HOWARD, SANCHEZ, D. MILLER, STURLA,
WARREN, GUENST, STENDER, KINSEY, CEPEDA-FREYTIZ, D. WILLIAMS,
MALAGARI, CERRATO, KRAJEWSKI, GREEN, CIRESI, OTTEN AND
SHUSTERMAN, AUGUST 29, 2023
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, AUGUST 29, 2023
AN ACT
Amending the act of June 2, 1915 (P.L.736, No.338), entitled "An
act defining the liability of an employer to pay damages for
injuries received by an employe in the course of employment;
establishing an elective schedule of compensation; providing
procedure for the determination of liability and compensation
thereunder; and prescribing penalties," in interpretation and
definitions, further providing for definitions; and, in
liability and compensation, providing for compensation for
post-traumatic stress injury.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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:
* * *
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
"First responder" means any of the following public servants:
(1) An emergency medical services provider or EMS provider,
as defined in 35 Pa.C.S. § 8103 (relating to definitions).
(2) An active volunteer, employe or member of a fire
company, as defined in 35 Pa.C.S. § 7802 (relating to
definitions).
(3) A Pennsylvania State Police officer.
(4) A peace officer as defined in 18 Pa.C.S. § 501 (relating
to definitions).
* * *
"Post-traumatic stress injury" shall have the meaning given
in 35 Pa.C.S. § 75A01 (relating to definitions).
* * *
Section 2. Section 301 of the act is amended by adding a
subsection to read:
Section 301. * * *
(g) (1) A claim for a post-traumatic stress injury suffered
by a first responder shall establish that the injury was
sustained in the course and scope of the individual's employment
as a first responder. A post-traumatic stress injury suffered by
a first responder does not need to be the result of an abnormal
working condition in order to be compensable.
(2) A post-traumatic stress injury suffered by an individual
under paragraph (1) shall be based on assessment and diagnosis
by a licensed medical professional or a licensed mental health
professional whose scope of practice includes evaluation,
assessment and diagnostic privileges as outlined by the scope of
practice of the profession under the laws and regulations of
this Commonwealth.
(3) A claim for a post-traumatic stress injury must be filed
20230HB1632PN1916 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
within three years of the date of a diagnosis under paragraph
(2).
(4) When a post-traumatic stress injury is diagnosed after
the last date of employment, paragraph (1) shall not be
construed to prohibit a claim against the employer of the
claimant at the time of the direct exposure to the traumatic
event which caused the injury.
(5) For purposes of this subsection, a post-traumatic stress
injury suffered as a result of an employment action, including
disciplinary action, job or performance evaluation, job
transfers or employment termination, shall not be compensable.
Section 3. The amendment or addition of sections 109 and
301(g) of the act shall apply to claims filed on or after the
effective date of this section.
Section 4. This act shall take effect in 60 days.
20230HB1632PN1916 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15