NY State Senate Bill 2023-S3367

Senate Bill S3367

2023-2024 Legislative Session

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

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Current 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 03, 2024	referred to labor
Jan 31, 2023	referred to labor

co-Sponsors

2023-S3367 (ACTIVE) - Details

See Assembly Version of this Bill:: A2302
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
2021-2022: S4234, A4939

2023-S3367 (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.

2023-S3367 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3367

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:

2021-2022: S4234 - Referred to Labor

2019-2020: S5292A - Referred to Labor

 
FISCAL IMPLICATIONS:

TBD
 
EFFECTIVE DATE:
The act shall take effect immediately.

2023-S3367 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3367
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced by Sens. GOUNARDES, HARCKHAM, 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.
                                                            LBD03309-01-3

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Senate Bill S3367

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Sponsored By

Andrew Gounardes