(a) In this subsection, “post-traumatic stress disorder” means that 7
condition, as described in the most recent edition of the Diagnostic and Statistical 8
Manual of Mental Disorders by the American Psychiatric Association.
(b) In the case of a mental injury that is not accompanied by a physical injury 10
and that results in a diagnosis of post-traumatic stress disorder in a law enforcement 11
officer, as defined in s. 23.33 (1) (ig), or a fire fighter, the claim for compensation for
the mental injury, in order to be compensable under this chapter, is subject to the 2
1. The mental injury must satisfy all of the following conditions:
a. The diagnosis of post-traumatic stress disorder is made by a psychiatrist or 5
b. The conditions of liability under s. 102.03 (1) are proven by clear and 7
convincing medical or psychiatric evidence.
2. The mental injury may not be a result of or first reported during any of the 9
following actions taken in good faith by the employer:
102.42 (1) Treatment of employee. The Subject to the limitations under sub.
employer shall supply such medical, surgical, chiropractic, psychological, 19
podiatric, dental, and hospital treatment, medicines, medical and surgical supplies, 20
crutches, artificial members, appliances, and training in the use of artificial 21
members and appliances, or, at the option of the employee, Christian Science 22
treatment in lieu of medical treatment, medicines, and medical supplies, as may be 23
reasonably required to cure and relieve from the effects of the injury, and to attain 24
efficient use of artificial members and appliances, and in case of the employer's 25
neglect or refusal seasonably to do so, or in emergency until it is practicable for the
employee to give notice of injury, the employer shall be liable for the reasonable 2
expense incurred by or on behalf of the employee in providing such treatment, 3
medicines, supplies, and training. When the employer has knowledge of the injury 4
and the necessity for treatment, the employer's failure to tender the necessary 5
treatment, medicines, supplies, and training constitutes such neglect or refusal. The 6
employer shall also be liable for reasonable expense incurred by the employee for 7
necessary treatment to cure and relieve the employee from the effects of occupational 8
disease prior to the time that the employee knew or should have known the nature 9
of his or her disability and its relation to employment, and as to such treatment subs. 10
(2) and (3) shall not apply. The obligation to furnish such treatment and appliances 11
shall continue as required to prevent further deterioration in the condition of the 12
employee or to maintain the existing status of such condition whether or not healing 13
102.42 (1p) Liability for treatment of certain mental injuries.
The employer 16
of an employee whose injury is a mental injury that is compensable under s. 102.17 17
(9) is liable for the employee's treatment of the mental injury for no more than 80 18
weeks after the injury is first reported.
In the case of an employee whose injury is a mental injury that is 21
compensable under s. 102.17 (9), the period of disability may not exceed 80 weeks 22
after the injury is first reported.
(1) This act first applies to injuries reported on the effective date of this 2