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:
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* * *
"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,
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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.
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