HB 438 Virginia House of Delegates · 2020 Regular Session

Workers' compensation; post-traumatic stress disorder, law-enforcement officers and firefighters.

Summary
Workers' compensation; post-traumatic stress disorder;law-enforcement officers and firefighters. Provides that post-traumaticstress disorder incurred by a law-enforcement officer or firefighter iscompensable under the Virginia Workers' Compensation Act if a mental healthprofessional examines a law-enforcement officer or firefighter and diagnosesthe individual as suffering from post-traumatic stress disorder as a result ofthe individual's undergoing a qualifying event, which includes an event occurringin the line of duty on or after July 1, 2020, in which a law-enforcementofficer or firefighter views a deceased minor, witnesses the death of a personor an incident involving the death of a person, witnesses an injury to a personwho subsequently dies, has physical contact with and treats an injured personwho subsequently dies, transports an injured person who subsequently dies, orwitnesses a traumatic physical injury that results in the loss of a vital bodypart or a vital body function that results in permanent disfigurement of thevictim. Other conditions for compensability include (i) if the post-traumaticstress disorder resulted from the law-enforcement officer or firefighter actingin the line of duty and, in the case of a firefighter, such firefightercomplied with certain federal Occupational Safety and Health Act standards;(ii) if the law-enforcement officer's or firefighter's undergoing a qualifyingevent was a substantial factor in causing his post-traumatic stress disorder;(iii) if such qualifying event, and not another event or source of stress, wasthe primary cause of the post-traumatic stress disorder; and (iv) if thepost-traumatic stress disorder did not result from any disciplinary action,work evaluation, job transfer, layoff, demotion, promotion, termination,retirement, or similar action of the officer or firefighter. The measureestablishes procedural requirements on employers that contest a claim for suchbenefits. The measure also establishes requirements for resilience and self-caretechnique training.
Bill status signed all 5 stages cleared
Introduction
Jan 2020
Committee Review
Feb 2020
House of Delegates Passage
Apr 2020
Senate Passage
Apr 2020
Signed into Law
Apr 2020
Introduced Jan 3, 2020 Signed Apr 22, 2020
Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
51
Key actions
16
Committee
17
Apr 22, 2020
Executive · Passed
Governor's recommendation adopted
executive
Apr 22, 2020
Upper · Passed
Senate concurred in Governor's recommendation (40-Y 0-N)
upper
Apr 22, 2020
Lower · Passed
House concurred in Governor's recommendation BLOCK VOTE (95-Y 0-N)
lower
Feb 27, 2020
Upper · Passed
Passed Senate (40-Y 0-N)
upper
Feb 25, 2020
Upper · Passed
Reported from Finance and Appropriations (14-Y 0-N)
upper
Feb 17, 2020
Committee
Rereferred to Finance and Appropriations
upper
Feb 17, 2020
Upper · Passed
Reported from Commerce and Labor (13-Y 1-N)
upper
Feb 12, 2020
Committee
Referred to Committee on Commerce and Labor
upper
Feb 11, 2020
Lower · Passed
Read third time and passed House (96-Y 0-N)
lower
Feb 10, 2020
Lower · Passed
Engrossed by House - committee substitute HB438H2
lower
Feb 10, 2020
Lower · Passed
Committee on Appropriations substitute agreed to 20108008D-H2
lower
Feb 7, 2020
Lower · Passed
Reported from Appropriations with substitute (21-Y 0-N)
lower
Feb 7, 2020
Lower · Passed
Subcommittee recommends reporting with substitute (7-Y 1-N)
lower
Feb 4, 2020
Lower · Passed
House subcommittee amendments and substitutes offered
lower
Feb 3, 2020
Committee
Assigned App. sub: Compensation & General Government
lower
Jan 30, 2020
Committee
Referred to Committee on Appropriations
lower
Jan 30, 2020
Lower · Passed
Reported from Labor and Commerce with substitute (19-Y 3-N)
lower
Jan 28, 2020
Lower · Passed
Subcommittee recommends referring to Committee on Appropriations
lower
Jan 28, 2020
Lower · Passed
Subcommittee recommends reporting with substitute (6-Y 2-N)
lower
Jan 28, 2020
Lower · Passed
House subcommittee amendments and substitutes offered
lower
Jan 14, 2020
Committee
Assigned L & C sub: Subcommittee #1
lower
Jan 3, 2020
Committee
Referred to Committee on Labor and Commerce
lower
Jan 3, 2020
Introduced
Prefiled and ordered printed; offered 01/08/20 20102221D
lower
1 primary · 37 co-sponsors

Sponsors