NY State Senate Bill 2019-S5292A

Senate Bill S5292A

2019-2020 Legislative Session

Relates to benefits for police officers, correction officers, firefighters, and other emergency personnel diagnosed with PTSD

download bill text pdf

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to labor
May 13, 2019	print number 5292a
May 13, 2019	amend (t) and recommit to labor
Apr 23, 2019	referred to labor

Bill Amendments

Original

A (Active)

2019-S5292 - Details

See Assembly Version of this Bill:: A1979
Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §10, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A11294
2021-2022: S4234, A4939
2023-2024: S3367, A2302

2019-S5292 - Summary

Relates to benefits for police officers, correction officers, firefighters, and other emergency personnel diagnosed with PTSD by making their injury compensable if it cannot be shown, by a preponderance of evidence, that the PTSD was caused by factors unrelated to their occupation.

2019-S5292 - Sponsor Memo

                                
 
BILL NUMBER: S5292

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the workers' compensation law, in
relation to benefits for police officers, firefighters, and other emer-
gency personnel diagnosed with PTSD

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that New York's first responders are rightfully compensated
for their service, specifically when they suffer from Post-traumatic
stress disorder (PTSD) as a result of their duty to the people of New
York. This bill adds PTSD to the list of eligible medical conditions for
workers' compensation.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision 3 of section 10 of the Work-
ers' Compensation law by adding a new paragraph (c). The new paragraph
explains that a diagnosis of PTSD from a psychologist or psythiatrist to
a police officer, firefighter, emergency medical technician, paramedic,

emergency dispatcher or other person certified to provide medical care
In emergencies will be eligible for workers' compensation benefits as
long as the diagnosis is within three years from the last active date of
employment. The paragraph also details the diagnosis to be presumed a
result of service in the line of duty unless it is shown by a preponder-
ance of the evidence that the PTSD was caused by non-service connected
risk factors/exposure.

Section two of this bill provides that this act shall take effect imme-
diately.

 
JUSTIFICATION:

According to a publication in May 2018 by the Substance Abuse and Mental
Health Services Administration, more than 50 percent of firefighter
deaths are from stress or exhaustion in the United States and about 30
percent of firefighters report having depression or PTSD compared to 20
percent of the general population.

In addition, countless studies and research have been conducted and
published regarding the increase in reported PTSD by police officers
following the 9-11 attacks in NYC.

These are representative trends of almost the entire field of emergency
response workers across our country. So, this bill justly adds the diag-
nosis of post-traumatic stress disorder to the eligible medical condi-
tions for workers' compensation In New York State and prioritizes the
mental health of our first responders.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
The act shall take effect immediately.

2019-S5292 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5292
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN  ACT  to amend the workers' compensation law, in relation to benefits
   for police officers, firefighters, and other emergency personnel diag-
   nosed with PTSD

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3 of section 10 of the workers' compensation
 law is amended by adding a new paragraph (c) to read as follows:
   (C) WHERE A POLICE OFFICER, FIREFIGHTER, EMERGENCY MEDICAL TECHNICIAN,
 PARAMEDIC, EMERGENCY DISPATCHER OR OTHER  PERSON  CERTIFIED  TO  PROVIDE
 MEDICAL  CARE  IN EMERGENCIES IS DIAGNOSED BY A PSYCHIATRIST OR PSYCHOL-
 OGIST TO HAVE POST-TRAUMATIC STRESS DISORDER, IT SHALL  BE  PRESUMED  TO
 HAVE  BEEN  INCURRED  DURING  SERVICE  IN  THE LINE OF DUTY AND SHALL BE
 COMPENSABLE, UNLESS IT IS SHOWN BY A PREPONDERANCE OF THE EVIDENCE  THAT
 THE  POST-TRAUMATIC  STRESS  DISORDER WAS CAUSED BY NONSERVICE-CONNECTED
 RISK FACTORS OR NONSERVICE-CONNECTED EXPOSURE.  SUCH PERSON WHO IS DIAG-
 NOSED WITH POST-TRAUMATIC STRESS DISORDER WITHIN THREE YEARS OF THE LAST
 ACTIVE DATE OF EMPLOYMENT AS A POLICE  OFFICER,  FIREFIGHTER,  EMERGENCY
 MEDICAL  TECHNICIAN,  PARAMEDIC,  EMERGENCY  DISPATCHER  OR OTHER PERSON
 CERTIFIED TO PROVIDE MEDICAL CARE IN EMERGENCIES SHALL BE  ELIGIBLE  FOR
 BENEFITS UNDER THIS SUBDIVISION.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06188-01-9

co-Sponsors

2019-S5292A (ACTIVE) - Details

See Assembly Version of this Bill:: A1979
Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §10, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A11294
2021-2022: S4234, A4939
2023-2024: S3367, A2302

2019-S5292A (ACTIVE) - Summary

2019-S5292A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5292A

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the workers' compensation law, in
relation to benefits for police officers, correction officers, fire-
fighters, and other emergency personnel diagnosed with PTSD

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that New York's first responders are rightfully compensated
for their service, specifically when they suffer from Post-traumatic
stress disorder (PTSD) as a result of their duty to the people of New
York, this bill adds PTSD to the list of eligible medical conditions for
workers' compensation.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision 3 of section 10 of the Work-
ers' Compensation law by adding a new paragraph (c). The new paragraph
explains that a diagnosis of PTSD from a psychologist or psychiatrist to
a police officer, correction officer, firefighter, emergency medical

technician, paramedic, emergency dispatcher or other person certified to
provide medical care in emergencies will be eligible for workers'
compensation benefits as long as the diagnosis is within three years
from the last active date of employment.  The paragraph also details the
diagnosis to be presumed a result of service in the line of duty unless
it is shown by a preponderance of the evidence that the PTSD was caused
by non-service connected risk factors/exposure.

Section two of this bill provides that this act shall take effect imme-
diately.

 
JUSTIFICATION:

According to a publication in May 2018 by the Substance Abuse and Mental
Health Services Administration, more than 50 percent of fire fighter
deaths are from stress or exhaustion in the United States and about 30
percent of firefighters report having depression or PTSD compared to 20
percent of the general population.

In addition, countless studies and research have been conducted and
published regarding the increase in reported PTSD by police officers
following the 9-11 attacks in NYC.

These are representative trends of almost the entire field of emergency
response workers across our country. So, this bill justly adds the diag-
nosis of post-traumatic stress disorder to the eligible medical condi-
tions for workers' compensation in New York State and prioritizes the
mental health of our first responders.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
The act shall take effect immediately.

2019-S5292A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5292--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed  to  be  committed  to  the  Committee  on  Labor -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the workers' compensation law, in relation  to  benefits
   for  police  officers,  correction  officers,  firefighters, and other
   emergency personnel diagnosed with PTSD
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3 of section 10 of the workers' compensation
 law is amended by adding a new paragraph (c) to read as follows:
   (C) WHERE A POLICE OFFICER, CORRECTION OFFICER, FIREFIGHTER, EMERGENCY
 MEDICAL TECHNICIAN, PARAMEDIC,  EMERGENCY  DISPATCHER  OR  OTHER  PERSON
 CERTIFIED  TO  PROVIDE  MEDICAL  CARE  IN  EMERGENCIES IS DIAGNOSED BY A
 PSYCHIATRIST OR PSYCHOLOGIST TO HAVE POST-TRAUMATIC STRESS DISORDER,  IT
 SHALL  BE  PRESUMED  TO HAVE BEEN INCURRED DURING SERVICE IN THE LINE OF
 DUTY AND SHALL BE COMPENSABLE, UNLESS IT IS SHOWN BY A PREPONDERANCE  OF
 THE  EVIDENCE  THAT  THE  POST-TRAUMATIC  STRESS  DISORDER WAS CAUSED BY
 NONSERVICE-CONNECTED  RISK  FACTORS  OR  NONSERVICE-CONNECTED  EXPOSURE.
 SUCH  PERSON WHO IS DIAGNOSED WITH POST-TRAUMATIC STRESS DISORDER WITHIN
 THREE YEARS OF THE LAST ACTIVE DATE OF EMPLOYMENT AS A  POLICE  OFFICER,
 CORRECTION  OFFICER, FIREFIGHTER, EMERGENCY MEDICAL TECHNICIAN, PARAMED-
 IC, EMERGENCY DISPATCHER OR OTHER PERSON CERTIFIED  TO  PROVIDE  MEDICAL
 CARE  IN  EMERGENCIES SHALL BE ELIGIBLE FOR BENEFITS UNDER THIS SUBDIVI-
 SION.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06188-03-9

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