BILL AS INTRODUCED H.297
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1 H.297
2 Introduced by Representative Mulvaney-Stanak 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 State
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 State 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:
17 ***
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, or State employees, as that term is defined pursuant to subdivision
4 (iii)(V) of this subdivision (11)(I), post-traumatic stress disorder that is
5 diagnosed by a mental health professional shall be presumed to have been
6 incurred during service in the line of duty and shall be compensable, unless it
7 is shown by a preponderance of the evidence that the post-traumatic stress
8 disorder was caused by nonservice-connected risk factors or nonservice-
9 connected exposure.
10 (ii) A police officer, rescue or ambulance worker, or firefighter, or
11 State employee who is diagnosed with post-traumatic stress disorder within
12 three years of following the last active date of employment as a police officer,
13 rescue or ambulance worker, or firefighter, or State employee shall be eligible
14 for benefits under this subdivision (11).
15 (iii) As used in this subdivision (11)(I):
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17 (V) “State employees” means:
18 (aa) facility employees of the Department of Corrections;
19 (bb) employees of the Department of Corrections who
20 provide direct security or treatment services to offenders under supervision in
21 the community;
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1 (cc) classified employees of State-operated therapeutic
2 community residences or inpatient psychiatric hospital units;
3 (dd) classified employees of public safety answering points;
4 (ee) classified employees of the Family Services Division of
5 the Department for Children and Families;
6 (ff) classified employees of the Vermont Veterans’ Home;
7 or
8 (gg) classified employees of the Department of State’s
9 Attorneys and Sheriffs.
10 (VI) “Classified employee” means an employee in the
11 classified service, as defined pursuant to 3 V.S.A. § 311.
12 ***
13 Sec. 2. EFFECTIVE DATE
14 This act shall take effect on July 1, 2023.
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Statutes affected:
As Introduced: 21-601