NY State Senate Bill 2021-S4234

Senate Bill S4234

2021-2022 Legislative Session

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

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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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to labor
Feb 03, 2021	referred to labor

co-Sponsors

2021-S4234 (ACTIVE) - Details

See Assembly Version of this Bill:: A4939
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
2019-2020: S5292, A1979
2023-2024: S3367, A2302

2021-S4234 (ACTIVE) - 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.

2021-S4234 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4234

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to benefits
for police officers, correction 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 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 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:

2020: S5292A - Referred to Labor
2019: S5292A - Referred to Labor

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
The act shall take effect immediately.

2021-S4234 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4234
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sens. GOUNARDES, RAMOS -- 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,  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.
                                                            LBD08568-01-1

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Senate Bill S4234

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Sponsored By

Andrew Gounardes