2017 Legislative Session: 6th Session, 40th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. SHANE SIMPSON

BILL M 233 – 2017

WORKERS COMPENSATION AMENDMENT ACT, 2017

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

This Bill amends the Workers Compensation Act in order to provide support and care for British Columbia's first responders. The Bill creates a presumptive clause for first responders suffering from post-traumatic stress disorder. In recognition of the crucial role paramedics, firefighters, police officers, and others play in ensuring the health and safety of British Columbians, this Bill guarantees that they will receive timely support and treatment when they are suffering from exposure to traumatic events.

1 The Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended by adding the following section:

First responders post-traumatic stress disorder presumption

5.2

(1) In subsection (3) of this section, "first responder" means someone who is described in paragraph (

c) of the definition of "worker" in

section 1 of this Act, and includes

(

a) an individual who is an Emergency Medical Assistant licensed by the Emergency Medical Assistants Licensing Board;

(

b) a full-time firefighter or part-time, volunteer firefighter as defined in

section 6.1;

(

c) an individual appointed as a peace officer, police officer, sheriff, corrections officer;

(

d) a 9-1-1 communications officer employed by any of the above organizations or by Emergency Communications for British Columbia Inc.

(2) In this section, "psychologist" has the same meaning as in

section 5.1 of this Act.

(3) If a worker who is or has been a first responder is diagnosed with post-traumatic stress disorder by a physician or psychologist, the post-traumatic stress disorder shall be presumed, unless the contrary is proven, to be an injury that arose out of and occurred during the course of the worker's employment.

(4) The presumption in subsection (3) applies only to a worker who

(

a) has been exposed to a traumatic event or events of a type specified in the most recent American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders at the time of the diagnosis as a trigger for post-traumatic stress disorder, and

(

b) is first disabled by post-traumatic stress disorder on or after March 2, 2017.

Explanatory Note

This Bill amends the Workers Compensation Act in order to provide support and care for British Columbia's first responders. The Bill creates a presumptive clause for first responders suffering from post-traumatic stress disorder. In recognition of the crucial role paramedics, firefighters, police officers, and others play in ensuring the health and safety of British Columbians, this Bill guarantees that they will receive timely support and treatment when they are suffering from exposure to traumatic events.

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c) Queen's Printer, Victoria, British Columbia, Canada