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Assembly committee advances bill offering employment protections for first responders diagnosed with PTSD
Summary
The Assembly committee released Assembly Bill 21-45 after testimony from labor and municipal insurance representatives. Supporters said the bill would give first responders legal protections and access to treatment; municipal insurers urged adding an alternative dispute process and limits on private lawsuits and physician selection.
An Assembly committee chaired by Assemblyman Danielson on Wednesday voted to release Assembly Bill 21-45, legislation that would create employment protections for paid first responders diagnosed with post-traumatic stress disorder under specified conditions.
The bill’s supporters, led by the New Jersey Fraternal Order of Police, said the measure is intended to protect first responders’ jobs and benefits while they obtain treatment. Sean Lavin, legislative chairman for the New Jersey Fraternal Order of Police State Lodge, told the committee his own experience after deployments to Hurricane Katrina convinced him that officers avoid seeking help because fitness-for-duty rules can cost them their jobs and benefits. "This bill protects them," Lavin said, and "if this prevents just one first responder from taking their own life, then we've succeeded."
Municipal insurance representatives urged changes. Paul Bent, representing the Municipal Excess Liability Joint Insurance Fund, said his group took an opposed position but hopes to work with sponsors. Bent pointed to language in Section 4 that reads, in part, "a private cause of action provided for in this section shall be the sole remedy for a violation of this act," and argued direct access to civil suits could produce immediate, costly litigation for municipalities. Bent also said the bill appears to let the employee choose the physician who clears a return to duty and recommended a neutral or mutually agreed medical reviewer. "We would love to see some type of alternative dispute resolution in place of section 4," he said.
Committee members pressed witnesses on how the bill would interact with existing workers' compensation rules and fitness-for-duty procedures. Supporters and some members said workers' compensation covers PTSD treatment but identified a gap around return-to-work disputes and retaliation protections; opponents said arbitration or a neutral medical review could reduce litigation risk. Lavin said the bill would put affected employees "in the chute with workers' compensation," allow them to keep benefits and jobs while getting treatment, and preserve an immediate remedy where retaliation occurs.
After questions and brief remarks from multiple committee members, the panel voted to release the bill for further consideration. The roll call recorded unanimous affirmative votes by members present.
The committee did not adopt specific language changes during the hearing; witnesses said they expect continued negotiations with the bill sponsor on physician selection and dispute-resolution language.
Votes at the hearing and committee review are procedural steps that send the bill to the next legislative phase for possible amendment and floor consideration.
