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A02901
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
432
Session of
2019
INTRODUCED BY BARRAR, BIZZARRO, BOYLE, BURNS, COMITTA, DAVIDSON,
A. DAVIS, T. DAVIS, DEASY, DELLOSO, DeLUCA, DERMODY,
DiGIROLAMO, DONATUCCI, DRISCOLL, ECKER, FARRY, FITZGERALD,
FRANKEL, GAINEY, GAYDOS, HARKINS, HARRIS, HILL-EVANS,
INNAMORATO, ISAACSON, KORTZ, KULIK, MADDEN, MARKOSEK,
MARSHALL, MATZIE, McNEILL, MERSKI, D. MILLER, MULLINS, MURT,
NEILSON, O'MARA, POLINCHOCK, RAVENSTAHL, READSHAW, RYAN,
SAINATO, SAPPEY, SCHLOSSBERG, SCHWEYER, SNYDER, SOLOMON,
STAATS, WARREN, WHITE, SCHMITT, ZABEL, FLYNN, ULLMAN AND
TOEPEL, FEBRUARY 11, 2019
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, FEBRUARY 11, 2019
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 the definition of
"occupational disease" definitions; and, in liability and
compensation, further providing for compensation for post-
traumatic stress injury.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 108 of the act of June 2, 1915 (P.L.736,
No.338), known as the Workers' Compensation Act, is amended by
adding a clause to read:
Section 108. The term "occupational disease," as used in
this act, shall mean only the following diseases.
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* * *
(s) Post-traumatic stress injury, that is suffered by a
professional and volunteer firefighter, volunteer ambulance
corps personnel, volunteer rescue and lifesaving squad
personnel, emergency medical services personnel and paramedics,
a Pennsylvania State Police officer and a police officer
requiring certification under 53 Pa.C.S. Ch. 21 (relating to
employees), and caused by exposure to a traumatic event arising
in the course of the individual's employment or, after four
years or more of service, is caused by and related to the
cumulative effect of psychological stress in the course of the
individual's employment for the benefit and safety of the
public.
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
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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.
* * *
Section 2. Section 301 of the act is amended by adding a
subsection to read:
Section 301. * * *
(g) (1) A post-traumatic stress injury suffered by a
professional and volunteer firefighter, volunteer ambulance
corps personnel, volunteer rescue and lifesaving squad
personnel, emergency medical services personnel and paramedics,
telecommunicator, corrections officer, a Pennsylvania State
Police officer and a police officer requiring certification
under 53 Pa.C.S. Ch. 21 (relating to employees) shall be
established by a preponderance of the substantial competent
evidence that the injury was caused by a direct exposure to a
normal or abnormal working condition and was received while in
the course of the individual's employment.
(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.
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(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.
Section 3. The amendment or addition of sections 108(s) 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. 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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