PRINTER'S NO. 913
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
775
Session of
2021
INTRODUCED BY BARTOLOTTA, REGAN, SCAVELLO, L. WILLIAMS, COSTA,
BAKER, SABATINA, ARGALL, MUTH, KANE, FONTANA, BREWSTER,
TOMLINSON, ROBINSON, YUDICHAK, BOSCOLA, YAW AND CAPPELLETTI,
JUNE 16, 2021
REFERRED TO LABOR AND INDUSTRY, JUNE 16, 2021
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, further 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:
* * *
"First responder" means an individual who is a professional
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or volunteer firefighter, a member of a volunteer ambulance
corps, a member of a volunteer rescue and lifesaving squad, an
emergency medical services employee, a paramedic, a Pennsylvania
State Police officer or 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 post-traumatic stress injury suffered by a first
responder shall be established by a preponderance of the
evidence that the injury resulted from a normal or abnormal
working condition and was sustained in the course and scope of
the individual's employment as a first responder.
(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) A claim for a post-traumatic stress injury must be filed
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
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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.
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