By Vincent J. Quatrini, Esquire
The Pennsylvania Workers’ Compensation Act has been amended by Act 121 to recognize mental-mental injuries/post-traumatic stress injuries (PTSI) for first responders. The new law takes effect in one year – October 29, 2025.
Up to the passage of Act 121, Pennsylvania Courts have held that a first responder must prove that there were objective “abnormal working conditions” to establish a mental-mental (PTSD) claim. Because mental-mental injuries are inherently more subjective than physical injuries, the abnormal working condition requirement made it extremely difficult to establish a compensable work injury. Act 121 has eliminated the “abnormal working condition” requirement.
A first responder (defined in Act 121 as EMS, paid and volunteer firefighters, police officers and peace officers) must only establish that the mental injury resulted from a “qualifying traumatic event” sustained within the course and scope of employment.
The question is – what constitutes a “qualifying traumatic event?” A “qualifying traumatic event” includes five (5) types of incidents or exposures:
- Resulting in serious bodily injury or death to any person;
- Involving a minor who has been injured, killed, abused or exploited;
- Involving an immediate threat to life of the first responder/claimant or another individual;
- Involving mass casualties; and
- Responding to a crime scene for investigation.
Act 121 specifically disqualifies mental injuries resulting from “employment action.” This would include any mental injury claim arising out of disciplinary action, job performance, job transfers, or termination of employment.
Secondly, there must be a formal diagnosis by a licensed psychologist or psychiatrist under the laws of the Commonwealth for the claim to be compensable.
Third, the claim must be filed within three (3) years of the date of diagnosis (not necessarily the date of the traumatic event)
Fourth, the injury – which appears to refer to the “qualifying traumatic event” – must have occurred after October 29, 2020.
As long as the “qualifying traumatic event” occurred while employed, and even if the diagnosis occurs after the last date of employment, it appears that a claim may be filed.
Benefits are payable for no more than 104 weeks under Act 121. The question to be determined is whether, at the conclusion of the 104 weeks, the injured worker is able to file for benefits under Section 301(c)(1) or Section 301(c)(2) of the Act and prove an “abnormal working condition” for ongoing benefits.
Act 121 recognizes the high level of stress experienced by first responders. Our firm has litigated mental-mental claims for decades. While Act 121 gives us more tools to assist our first responder clients obtain wage loss and medical benefits, there are a number of questions that will need to be addressed. For instance, what will happen to pending first responder mental-mental claims under the “abnormal working condition” standard? After October 29, 2025, will we be able to reopen mental-mental claims that have already been adjudicated under the old standard? Will injured workers be permitted to withdraw pending claims and refile under Act 121? If a claim is filed on or after October 29, 2025, Act 121 will presumably apply to injuries occurring during a “look back” period five (5) years as long as the Claim Petition is filed within the 3-year statute of limitations requirement.
The issue of what constitutes a “qualifying traumatic event” will be fiercely litigated by employers. What rises to the level of a “serious bodily injury?” Which investigations will qualify? What is a “mass casualty?” Our experienced attorneys are ready for the challenge. If you believe you may be covered by Act 121, send us a detailed summary of your “qualifying traumatic event” or “events”, and we will do an initial analysis, without charge. You can email Vincent J. Quatrini, Jr. Esq. at vjq@qrlegal.com.
