CHEYENNE, Wyo. – The Wyoming Senate spent nearly an hour discussing a bill that would affect the lives of first responders across the state on Monday, Feb. 24.
SF 117 would allow first responders, law enforcement officers and search and rescue workers to apply for workers’ compensation if they receive a mental injury while performing official duty. A first responder is defined as anyone who is employed or volunteers as a firefighter or law enforcement or ambulance personnel.
A mental injury is one experienced by a first responder and established by clear and convincing evidence, including a diagnosis by a licensed psychiatrist or clinical psychologist.
Originally, the language in the bill required that the mental injuries would only be compensable if the first responder submitted to a psychological exam, but Sen. Tara Nethercott suggested an amendment during Monday’s floor session.
“This would have a de minimis impact on the workers comp fund, which is around $2 billion right now,” Nethercott explained during her presentation of the bill. “There’s no concern for providing this type of coverage for these people who put their lives on the line for us.”
Senate President Drew Perkins questioned the legislation, raising concerns that this type of coverage would mean that there would be people trying to abuse the system. Sen. Eli Bebout expressed similar concern, asking how much it would ultimately cost the workers comp fund.
Nethercott stated that the questions being brought up by her fellow senators were an “unfortunate surprise.”
“Take the scenario when there’s an officer-involved shooting where the officer isn’t shot, but he’s shot at and ends up taking someone’s life,” she told the Senate. “When does he go back to work? The next day? He just killed someone the night before and now you’re expecting him to write parking citations.”
Nethercott was critical of the questions being asked, stating that Perkins, Bebout and Sen. Dave Kinskey were being overly worried about “bumps in the night.”
Perkins told Nethercott he resented her statement, slamming his first on the table while doing so.
“Just because we’re up here asking questions doesn’t mean we’re against this bill,” Perkins said. “You can lecture us and shame us, but I have people in my family who are first responders, ones who have been in officer-involved shootings. I have as much empathy as anyone, but I’m just asking for data.”
Sen. Charles Scott quickly stepped in, calling for emotions to subside. He told the Senate that mental health issues in the first responder community weren’t new. In years past, any first responder involved in something traumatic usually spoke with a religious official, but the societal shift away from religion over the decades has changed this.
“We spoke with the folks from workers’ comp during the interim and they didn’t expect some flood of claims if we pass this legislation,” Scott said. “If we start seeing abuses, we can take care of that, but I’m going to vote yes on this bill and trust what the workers’ comp people told me.”
The Senate ultimately voted to pass the bill through the Committee of the Whole, which will go up for second reading by Wednesday, the deadline for second readings in the legislative house of origin.
