Regular Session 2019-2020 House Bill 0432 P.N. 2568

PRIOR PRINTER'S NO. 419

PRINTER'S NO. 2568

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

432

Session of

2019

INTRODUCED BY BARRAR, SAINATO, 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,

SAPPEY, SCHLOSSBERG, SCHWEYER, SNYDER, SOLOMON, STAATS,

WARREN, WHITE, SCHMITT, ZABEL, FLYNN, ULLMAN, TOEPEL,

HOHENSTEIN, KRUEGER, KENYATTA, GABLER, CALTAGIRONE, CIRESI,

CONKLIN, PASHINSKI, DOWLING, RADER, MEHAFFIE, WEBSTER,

STEPHENS, TOOHIL, McCARTER, HERSHEY, MIHALEK, RIGBY, OTTEN,

LONGIETTI, BERNSTINE, WALSH, STRUZZI, WHEATLEY, GOODMAN,

THOMAS AND WILLIAMS, FEBRUARY 11, 2019

AS REPORTED FROM COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY

PREPAREDNESS, HOUSE OF REPRESENTATIVES, AS AMENDED,

SEPTEMBER 24, 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:

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Section 108. The term "occupational disease," as used in

this act, shall mean only the following diseases.

* * *

(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

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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.

* * *

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

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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.

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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