2021 - 2022 LEGISLATURE
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2021 ASSEMBLY BILL 683
October 29, 2021 - Introduced by Representatives HORLACHER, CONSIDINE,
EMERSON, ALLEN, ANDRACA, ARMSTRONG, BILLINGS, BRANDTJEN,
CABRAL-GUEVARA, CONLEY, DITTRICH, DRAKE, EDMING, HEBL, KERKMAN,
KITCHENS, B. MEYERS, MILROY, MURSAU, NEUBAUER, OHNSTAD, PLUMER, POPE,
RIEMER, ROZAR, SHANKLAND, SHELTON, SKOWRONSKI, SNODGRASS, STUBBS,
SUBECK, THIESFELDT, VINING, VRUWINK, SPREITZER and SINICKI, cosponsored by
Senators JACQUE, WANGGAARD, BEWLEY, AGARD, RINGHAND and SMITH. Referred
to Committee on Government Accountability and Oversight.
1 AN ACT to renumber 102.17 (9) (a) 1.; to amend 102.17 (9) (b) (intro.); and to
2 create 102.17 (9) (a) 1e. and 102.17 (9) (a) 1m. of the statutes; relating to:
3 changing the conditions of liability for worker's compensation benefits for
4 emergency medical services practitioners.
Analysis by the Legislative Reference Bureau
This bill makes changes to the conditions of liability for worker's compensation
benefits for emergency medical responders and emergency medical services
practitioners who are paid emergency medical responders or paid emergency medical
services practitioners and who are diagnosed with post-traumatic stress disorder
(PTSD). The bill does not apply to volunteer emergency medical responders or
emergency medical services practitioners.
Under current law, if a law enforcement officer or full-time fire fighter is
diagnosed with PTSD by a licensed psychiatrist or psychologist and the mental injury
that resulted in that diagnosis is not accompanied by a physical injury, that law
enforcement officer or fire fighter can bring a claim for worker's compensation
benefits if the conditions of liability are proven by the preponderance of the evidence
and the mental injury is not the result of a good faith employment action by the
person's employer. Also under current law, liability for such treatment for a mental
injury is limited to no more than 32 weeks after the injury is first reported.
Under current law, an injured emergency medical responder or emergency
medical services practitioner who does not have an accompanying physical injury
must demonstrate a diagnosis based on unusual stress of greater dimensions than
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ASSEMBLY BILL 683
the day-to-day emotional strain and tension experienced by all employees as
required under School District No. 1 v. DILHR, 62 Wis. 2d 370, 215 N.W.2d 373 (1974)
in order to receive worker's compensation benefits for PTSD. Under the bill, such an
injured emergency medical responder or emergency medical services practitioner is
not required to demonstrate a diagnosis based on that standard, and instead must
demonstrate a diagnosis based on the same standard as law enforcement officers and
fire fighters. Finally, under the bill, an emergency medical services practitioner is
restricted to compensation for a mental injury that is not accompanied by a physical
injury and that results in a diagnosis of PTSD three times in his or her lifetime
irrespective of a change of employer or employment in the same manner as law
enforcement officers and firefighters.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
1 SECTION 1. 102.17 (9) (a) 1. of the statutes, as created by 2021 Wisconsin Act
2 29, is renumbered 102.17 (9) (a) 1s.
3 SECTION 2. 102.17 (9) (a) 1e. of the statutes is created to read:
4 102.17 (9) (a) 1e. “Emergency medical responder” has the meaning given in s.
5 256.01 (4p), except that in this subsection it does not apply to a volunteer emergency
6 medical responder and applies only to an individual who is a paid emergency medical
7 services responder.
8 SECTION 3. 102.17 (9) (a) 1m. of the statutes is created to read:
9 102.17 (9) (a) 1m. “Emergency medical services practitioner” has the meaning
10 given in s. 256.01 (5), except that in this subsection it does not apply to a volunteer
11 emergency medical services practitioner and applies only to an individual who is a
12 paid emergency medical services practitioner.
13 SECTION 4. 102.17 (9) (b) (intro.) of the statutes, as created by 2021 Wisconsin
14 Act 29, is amended to read:
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ASSEMBLY BILL 683 SECTION 4
1 102.17 (9) (b) (intro.) Subject to par. (c), in the case of a mental injury that is
2 not accompanied by a physical injury and that results in a diagnosis of
3 post-traumatic stress disorder in a law enforcement officer, as defined in s. 23.33 (1)
4 (ig), an emergency medical responder, an emergency services practitioner, or a fire
5 fighter, the claim for compensation for the mental injury, in order to be compensable
6 under this chapter, is subject to all of the following:
7 SECTION 5.0Nonstatutory provisions.
8 (1) WORKER'S COMPENSATION INSURANCE; RATE APPROVAL; NOTICE. The
9 commissioner of insurance shall submit to the legislative reference bureau for
10 publication in the Wisconsin Administrative Register a notice of the effective date
11 of new rates for worker's compensation insurance first approved by the
12 commissioner after the effective date of this subsection.
13 SECTION 6.0Initial applicability.
14 (1) The treatment of s. 102.17 (9) (a) 1., 1e., and 1m. and (b) (intro.) first applies
15 to injuries reported on the effective date of rate changes for worker's compensation
16 insurance approved by the commissioner of insurance under s. 626.13 after the
17 effective date of this subsection.
18 (END)