Workers’ Compensation Compensability Presumptions – First Responders and PTSD

On March 1, 2024, the Maryland House of Representatives voted to refer HB0190/SB1069 for interim study. HB0190 seeks to include the diagnosis of post-traumatic stress disorder (PTSD) for first responders under the umbrella of presumptions of compensability, so long as certain conditions are met.

Under HB0910, the diagnosis of PTSD must come from a licensed psychologist or psychiatrist. The first responder must have completed, at a minimum, two years of cumulative service in the State of Maryland. The claim must be filed by the first responder while they are actively employed as a first responder, or within 18 months of their last date of service. First responders covered by HB0190 include, but are not limited to, EMS, firefighters, and police officers.

As with all presumptions of compensability under the Maryland Workers’ Compensation statutory scheme, the presumption of PTSD is not an automatic finding of a compensable claim, and can be rebutted.

2024 saw a trend in state legislative bodies across the nation proposing mental-injury-focused legislation for Workers’ Compensation, specifically for first responders. State legislative bodies in Alaska, Arizona, and Oklahoma have already passed legislation similar to HB0190 in their respective 2024 legislation sessions.

With the trend in state legislative bodies focusing on mental injury legislation for Workers’ Compensation, it is expected that the Maryland legislative body will likely revisit HB0190 in a future legislative session.

Written by attorney Patrick A. Short.