Vermont has seen its share of tragic
automobile accidents and fatal fires over the years. Accidents like
the one on I-89 in Williston caused by a wrong-way driver that killed
5 teens on their way home from a concert or the recent accident on
Route 7 in Charlotte that killed a young man require first responders
to confront pretty gruesome scenes that can leave a lasting traumatic
impression on them, which can cause nightmares, depression and other
symptoms of post-traumatic stress disorder (PTSD).
While PTSD is recognized as a serious
mental health condition, counseling and treatment is often not
covered by private health insurance or workers compensation. Under
current law, if a first responder breaks an ankle while responding to
a vehicle collision they would
have health care and wage replacement while they are unable to work
through their workers compensation coverage. However, if they respond
to a particularly horrific scene and suffer a PTSD injury, they would
not be covered for mental health treatment or replacement wages while
they recover. The current criterion for work-related PTSD requires a
worker to show that the event or stress was extraordinary and unusual
in comparison to the pressures and tensions experienced by the
average worker in his or her occupation. Insurers often use this
standard to argue that first responders commonly encounter such
stressful situations, and it is therefore a normal hazard of the
occupation and not covered. The House Health Care Committee
recognized that this fundamental unfairness flies in the face of
Vermont's mental health parity law and created legislation that
corrects it.
House bill H.197 creates a presumption
that PTSD suffered by a police officer, rescue or ambulance worker,
or firefighter that was incurred during service in the line of duty
will be covered by workers compensation. The presumption would apply
to PTSD that is diagnosed by a mental health professional up to three
years after the last date of employment as a police officer, rescue
or ambulance worker, or firefighter. However, that presumption could
be overcome by evidence showing that the injury was more likely
caused by a risk factor or exposure outside of the line of duty.
H.197 provides that a mental condition
resulting from a work-related event or work-related stress is
compensable if the worker can show that the event or stress was
extraordinary and unusual in comparison to the pressures and tensions
experienced by the average employee across all occupations. In
other words, first responders are human and subject to the same
emotional stresses as the rest of us. This provision still requires
that an injured worker be able to demonstrate the injury came from
work and not some other occurrence. In particular it would not permit
a worker to receive compensation for a mental condition resulting
from a disciplinary action, work evaluation, job transfer, layoff,
demotion, termination, or similar action taken in good faith by his
or her employer.
This bill has been sent to the Senate
Rules Committee which will decide whether to act on it in the
remaining weeks of this session or to leave it rest until next
January. First responders perform an invaluable service for our
communities. They are there when we need them, and they are willing
to put their own lives on the line when called to duty. The least we
can do is make sure that they get help when they need it.
I encourage you to let me know your
concerns and opinions. I can be reached by phone (802-233-5238) or by
email (myantachka.dfa@gmail.com).
