Bill Summary – FastDemocracy

PRIOR PRINTER'S NOS. 1916, 3005                   PRINTER'S NO.   3069
                     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,
        SHUSTERMAN, BOROWSKI, GIRAL, KINKEAD, CURRY, T. DAVIS,
        KAZEEM, PISCIOTTANO AND TAKAC, AUGUST 29, 2023
     AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
        REPRESENTATIVES, AS AMENDED, MAY 7, 2024
                                    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:
       * * *
       "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), who
 is an active volunteer, employe or member of an EMS company that
 is:
       (i)    designated by a municipality as the municipality's
 primary EMS provider; or
       (ii)    dispatched by a public safety answering point as
 defined in 35 Pa.C.S. § 5302 (relating to definitions) or
 pursuant to a mutual aid agreement under 35 Pa.C.S. § 7504
 (relating to coordination, assistance and mutual aid).
       (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).
       * * *
       "QUALIFYING TRAUMATIC EVENT" MEANS AN INCIDENT OR EXPOSURE:       <--
       (1)    RESULTING IN SERIOUS BODILY INJURY OR DEATH TO ANY
 PERSON OR PERSONS.
       (2)    INVOLVING A MINOR WHO HAS BEEN INJURED, KILLED, ABUSED
 OR EXPLOITED.
       (3)    INVOLVING AN IMMEDIATE THREAT TO THE LIFE OF THE
 CLAIMANT OR ANOTHER INDIVIDUAL.
       (4)    INVOLVING MASS CASUALTIES.
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    (5)   RESPONDING TO CRIME SCENES FOR INVESTIGATIONS.
    * * *
    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 THE         <--
 RESULT OF THE INDIVIDUAL UNDERGOING A QUALIFYING TRAUMATIC EVENT
 OR EVENTS AND 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 shall not be
 required to be the result of an abnormal working condition to be
 a compensable injury under this act.
    (2)   A post-traumatic stress injury suffered by an individual
 under paragraph (1) shall be based on assessment and diagnosis
 by a licensed psychologist or psychiatrist under the laws and
 regulations of this Commonwealth.
    (3)   A claim for a post-traumatic stress injury must be filed
 within three years of NO LATER THAN THREE YEARS AFTER the date       <--
 of a diagnosis under paragraph (2), AND THE INJURY MUST NOT HAVE <--
 OCCURRED MORE THAN FIVE YEARS BEFORE THE EFFECTIVE DATE OF THIS
 SUBSECTION.
    (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 exposure to the QUALIFYING traumatic <--
 event or events which caused the injury.
    (5)   For purposes of this subsection, a post-traumatic stress
 injury suffered as a result of disciplinary action, job or
 performance evaluation, job transfers or employment termination,
20230HB1632PN3069                   - 3 -
 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 section 301(g) of the act.
    Section 4.     This act shall take effect as follows:
        (1)   The amendment or addition of sections 109 and 301(g)
    of the act shall take effect in one year.
        (2)   The remainder of this act shall take effect
    immediately.
20230HB1632PN3069                   - 4 -
Statutes/Laws affected: 
Printer's No. 1916: P.L.736, No.338
Printer's No. 3005: P.L.736, No.338
Printer's No. 3069: P.L.736, No.338