HOUSE BILL No. 4473

 

 

April 17, 2019, Introduced by Reps. Haadsma, Sabo and Coleman and referred to the Committee on Insurance.

 

     A bill to amend 1969 PA 317, entitled

 

"Worker's disability compensation act of 1969,"

 

(MCL 418.101 to 418.941) by adding section 407.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 407. (1) In the absence of non-work-related causation or

 

specific incidents that establish a cause independent of

 

employment, post-traumatic stress disorder is presumed to arise out

 

of and in the course of employment for any of the following

 

individuals who, at the time the post-traumatic stress disorder

 

manifests itself, are exposed to the hazards incidental to the

 

provision of police services, fire suppression, rescue, or

 

emergency medical services in the performance of the individual's

 

work-related duties:

 

     (a) A member of a fully paid fire or police department of a

 


city, township, or incorporated village employed and compensated on

 

a full-time basis.

 

     (b) A member of a fully paid public fire authority employed

 

and compensated on a full-time basis.

 

     (c) A county sheriff and the deputies of the county sheriff.

 

     (d) A member of the state police.

 

     (e) A member of a fully paid fire department of an airport

 

operated by a county, public airport authority, or state university

 

or college.

 

     (f) A conservation officer.

 

     (g) An officer of the motor carrier enforcement division of

 

the department of state police.

 

     (2) The presumption under subsection (1) may be rebutted by

 

scientific evidence that the individual experienced a psychiatric

 

stressor independent of work, and that this was a significant

 

factor in the cause, aggravation, or progression of the post-

 

traumatic stress disorder. Mere evidence that the post-traumatic

 

stress disorder was preexisting or an abstract medical opinion that

 

the employment was not the cause of the post-traumatic stress

 

disorder is not sufficient to overcome the presumption in

 

subsection (1).