States consider changes to PTSD laws, expansions and benefits limits

Several more states are considering changes to workers compensation laws governing mental claims in a swath of bills filed recently.

Mirroring legislation filed earlier this month, New York lawmakers on Friday filed a bill that would limit the state’s new law that allows for stress-related workers comp claims for all workers to only certain first responders. As proposed in A.B. 1677, the state’s Workers Compensation Board “may not disallow a claim by a covered employee upon a factual finding that the stress was not greater than that which usually occurs  in  the normal work environment where a claim for post-traumatic stress disorder, acute stress disorder or major depressive disorder resulting from work-related stress is filed upon submission of medical evidence.”

In Virginia, lawmakers are considering a 104-week cap on benefits for first responders diagnosed with anxiety or depressive disorders, as explained in S.B. 1301, filed Thursday. Those diagnosed with job-related post-traumatic stress disorder already have a 500-week cap on benefits, per current state law.

Oregon’s S.B. 606, which has not been put on the legislative calendar as of Monday, would amend the PTSD presumption for first responders and dispatchers to include full-time health care workers working within the state’s hospital system who have direct contact with patients and those working full time in crisis management for the Department of Health and Human Services.