Committee hears testimony on bill to treat PTSD as occupational disease for first responders

Senate Bill 28 would direct the New Hampshire Department of Labor and insurers to treat post-traumatic stress disorder and acute stress disorder for emergency responders in the same way the state treats occupational diseases, using the date of first medical treatment or the date of last injurious exposure as the date of injury.

Proponents, including the bill—s prime sponsor, state Senator Regina Birdsall, and representatives of the Professional Firefighters in New Hampshire, told the House Labor Committee during a public hearing that the change is intended to ensure responders whose symptoms accumulate over years can file timely workers—comp claims. Senator Regina Birdsall (District 19) said the measure addresses the fact that ——PTSD sometimes doesn't show up for a number of years and there will be a traumatic event that triggers it.——

Tyler Govaine, representing the Professional Firefighters in New Hampshire, urged committee support and described the proposal this way: ——It would change the date of injury from the date of first exposure to the date of last injurious exposure or the date of which the employee first knew of that condition.—— He and other witnesses cited research on elevated PTSD and suicide risk among firefighters and paramedics to argue earlier access to treatment could reduce long-term disability.

Jared O'Connor, an attorney who has litigated workers—comp cases for first responders and served on the governor's PTSD commission, explained the legal effect: ——What this legislation does is instruct the labor department and the carriers to treat PTSD like the disease that it is—— ——meaning, like any other cumulative occupational disease, the date of injury is the date of first medical treatment or last injurious exposure.—— O'Connor said the change avoids situations in which a worker with a decades-old traumatic exposure is time barred from filing a claim because the original event was outside the statute window.

The Department of Labor told the committee it was neutral on the bill. Deputy Commissioner Danielle Albert said the department reviewed the language and believes it can regulate the change as written. She noted the bill aligns PTSD claim timing with existing RSA provisions on occupational disease and cumulative trauma, and that disputed cases would still be adjudicated through the department's hearing process.

Witnesses from corrections and fire service organizations described workplace conditions and cultural barriers that delay treatment, and urged passage to reduce stigma and speed care. Gary Burke, a corrections captain, described short staffing and repeated traumatic exposures among corrections staff and said the bill ——would be crucial—— for his agency.

Committee action: at the meeting's executive session the committee voted to report SB 28 "ought to pass" (committee motion; roll call 18-0).