BILL AS INTRODUCED H.292
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1 H.292
2 Introduced by Representative Hooper of Burlington
3 Referred to Committee on
4 Date:
5 Subject: Labor; workers’ compensation; post-traumatic stress disorder
6 Statement of purpose of bill as introduced: This bill proposes to create a
7 presumption that post-traumatic stress disorder suffered by certain public
8 employees was incurred in the line of duty for purposes of determining
9 eligibility for workers’ compensation benefits.
10 An act relating to providing workers’ compensation coverage for post-
11 traumatic stress disorder suffered by certain public employees
12 It is hereby enacted by the General Assembly of the State of Vermont:
13 Sec. 1. 21 V.S.A. § 601 is amended to read:
14 § 601. DEFINITIONS
15 Unless the context otherwise requires, words and phrases As used in this
16 chapter shall be construed as follows:
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18 (11) “Personal injury by accident arising out of and in the course of
19 employment” includes an injury caused by the willful act of a third person
20 directed against an employee because of that employment.
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1 ***
2 (I)(i) In the case of police officers, rescue or ambulance workers, or
3 firefighters, State employees, or Judiciary employees, post-traumatic stress
4 disorder that is diagnosed by a mental health professional shall be presumed to
5 have been incurred during service in the line of duty and shall be compensable,
6 unless it is shown by a preponderance of the evidence that the post-traumatic
7 stress disorder was caused by nonservice-connected risk factors or nonservice-
8 connected exposure.
9 (ii) A police officer, rescue or ambulance worker, or firefighter,
10 State employee, or Judiciary employee who is diagnosed with post-traumatic
11 stress disorder within three years of the last active date of employment as a
12 police officer, rescue or ambulance worker, or firefighter, State employee, or
13 Judiciary employee shall be eligible for benefits under this subdivision (11).
14 (iii) As used in this subdivision (11)(I):
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16 (V) “State employee” has the same meaning as in 3 V.S.A.
17 § 902(5).
18 (VI) “Judiciary employee” means an employee as that term is
19 defined pursuant to 3 V.S.A. § 1011(8).
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1 Sec. 2. EFFECTIVE DATE
2 This act shall take effect on July 1, 2023.
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Statutes affected:
As Introduced: 21-601