Title: Workers' Compensation Benefits for Posttraumatic Stress Disorder

Summary: Provides PTSD suffered by 911 public safety telecommunicator or crime scene investigator is compensable occupational disease; provides evidentiary standard required; specifies benefits do not require physical injury & are not subject to apportionment or limitations; provides requirements for benefits offered to 911 public safety telecommunicator or crime scene investigator for PTSD; specifies when claim for PTSD must be noticed; requires employing agencies to provide mental health training.

Full Text:
An act relating to workers' compensation benefits for posttraumatic stress disorder; amending s. 112.18155, F.S.; removing a cross-reference; creating s. 112.18156, F.S.; providing definitions; providing that posttraumatic stress disorder suffered by a public safety telecommunicator or crime scene investigator is a compensable occupational disease under certain circumstances; specifying the evidentiary standard for demonstrating such disorder; specifying that benefits do not require a physical injury an dare not subject to certain apportionment or limitations; providing requirements for benefits offered to a public safety telecommunicator or crime scene investigator for posttraumatic stress disorder; specifying when a claim for posttraumatic stress disorder must be noticed; requiring certain employing agencies to provide specified mental health training; requiring the Department of Financial Services to adopt rules; declaring that the act fulfills an important state interest; providing an effective da te. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (a) of subsection (2) of section CS/HB 2023 112.18155, Florida Statutes, is amended to read: 112.18155 Correctional officers; special provisions for posttraumatic stress di sorders.-(2) For purposes of this section and chapter 440, and notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress disorder, as described in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, published by the American Psychiatric Association, suffered by a correctional officer is a compensable occupational disease within the meaning of s. 440.151 if both of the following apply: (a) The posttraumatic stress disorder resulted from the correctional officer acting within the course of his or her employment as provided in s. 440.091.Section 2. Section 112.18156, Florida Statutes, is created to read: 112.18156 public safety telecommunicators and crime scene investigators; special provisions for posttraumatic stre ss disorders.-(1) As used in this section, the term: (a) "911 public safety telecommunicator" has the same meaning as in s. 401.465(1). (b) "Advanced stage of decomposition" means the breaking down of soft tissue, skin, and hair, as well as muscle a nd connective tissue. (c) "Crime scene investigator" means a forensic member of CS/HB 2023 a law enforcement agency, government, or civilian crime laboratory whose primary responsibility is to document, identify, collect, or preserve forensic evidence relevant to a law enforcement, death, or natural disaster investigation, and whose primary responsibilities include, but are not limited to, collecting evidence such as fingerprints, footprints, tire tracks, blood and other biological fluids, fibers, and fire debris. (d) "Directly witnessing" means to see or hear for oneself. (e) "Mass killing" means three or more killings in a single incident. (2) For purposes of this section and chapter 440, and notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress disorder, as described in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, published by the American Psychiatric Association, suffered by a public safety telecommunicator or crime scene investigator is a compensable occupationa ldisease within the meaning of s. 440.151 if both of the following apply: (a) The posttraumatic stress disorder resulted from the public safety telecommunicator or crime scene investigator acting within the course of his or her employment. (b) The public safety telecommunicator or crime scene investigator is examined and subsequently diagnosed with such CS/HB 2023 disorder by a licensed psychiatrist who is an authorized treating physician as provided in chapter due to one of the following events: 1. Directly witnessing a death, including a death due to suicide, that involved grievous bodily harm of a nature that shocks the conscience; 2. Directly witnessing the death of a minor; 3. Directly witnessing an injury, including an attempted suicide, to a person who subsequently dies before or upon arrival at a hospital emergency department if the person was injured by grievous bodily harm of a nature that shocks the conscience; 4. Directly witnessing an injury to a minor who subsequently dies before or upon arrival at a hospital emergency department; 5. Verbally aiding a person seeking public safety assistance in the physical treatment of a minor who subsequently dies before or upon arrival at a hospital emergency department; 6. Verbally aiding a person seeking public safety assistance in the physical treatment of a person who subsequently dies during a state of emergency declared by the Governor and the person's death occurs because first responders cannot be dispatched; 7. Verbally aiding a pers on seeking public safety assistance in the physical treatment of an injury, including by CS/HB 2023 attempted suicide, to a person who subsequently dies before or upon arrival at a hospital emergency department if the person was injured by grievous bodily harm of a nature that shocks the conscience; 8. Directly witnessing a homicide regardless of whether the homicide was criminal or excusable, including murder, mass killing, manslaughter, self-defense, misadventure, and negligence; 9. Seeing for oneself a deceased minor; 10. Seeing for oneself a decedent whose death involved grievous bodily harm of a nature that shocks the conscience; or 11. Seeing for oneself a decedent who is in an advanced stage of decomposition. (3) The posttraumatic stress disorder must be demonstrated by clear and convincing medical evidence. (4) Benefits for a public safety telecommunicator or crime scene investigator under this section: (a) Do not require a physical injury to the public safety telecommunicator or crime scen einvestigator. (b) Are not subject to any of the following: 1. Apportionment due to a preexisting posttraumatic stress disorder. 2. Any limitation on temporary benefits under s. 440.093. 3. The-percent limitation on permanent psychiatric impairment benefits under s. 440.15(3). CS/HB 2023 (5) The time for notice of injury or death in cases of compensable posttraumatic stress disorder under this section is the same as in s. 440.151(6) and is measured from one of the qualifying events listed in paragraph (2) (b) or the diagnosis of the disorder, whichever is later. A claim under this section must be properly noticed within weeks after the qualifying event or the diagnosis of the disorder, whichever is later. (6) The employing agency of a public safety telecommunicator or crime scene investigator must provide educational training related to mental health awareness, prevention, mitigation, and treatment. (7) The Department of Financial Services shall adopt rules specifying injuries qualifying as grievo us bodily harm of a nature that shocks the conscience for the purposes of this section. Section 3. The Legislature determines and declares that this act fulfills an important state interest. Section 4. This act shall take effect July 1, 2023.