WCI Session to Cover Legal Implications of First Responders, PTSD, and Presumptions

Orlando, FL (WorkersCompensation.com) – As mental health has become a focus for employers as well as the workers’ compensation system in recent years, it is no surprise that certain occupations have begun to get what many have seen as overdue attention.

One of fields that has come into focus is first responders, with presumption laws going on the books and presumption cases making their way through the courts, which is a topic that will be on tap at WCI’s 2022 conference next month in Orlando.

Orlando attorney Geoff Bichler will be moderating Legal Analysis Of Issues Surrounding Presumption Claims on Aug. 24. WorkersCompensation.com recently caught up with Bichler to get an overview of the session as well as what the industry should know about first responders and PTSD. Here's what Bichler had to say.

1. What will attendees gain from this session that they wouldn't get anywhere else?

Anyone attending this session will get a unique perspective on the critical importance of public policy surrounding mental health for First Responders, how to best mitigate risks related to these presumption claims, and most importantly, how to improve mental health outcomes for these critical public servants. 

2. In short, what is the "lesson learned" from PTSD presumptions and why is that lesson important?

The “lesson learned” regarding mental health presumptions is that these are extremely difficult and complex cases that can be enormously expensive for employing agencies if they are not handled correctly at the outset.  Proper claims handling and an educated approach is absolutely a necessity when managing these cases.

3. What is the most important goal for first responders with PTSD?

The most important goal for first responders suffering from PTSD would, in my estimation, be early recognition and appropriate medical care with a qualified specialist like Dr. Kuhlman.  The first thirty days after a trauma inducing event are a critical window and the best results in terms of both medical and lost wage exposure occur when appropriate care is provided in that window.  The best outcome for both the First Responder and the agency is to get the employee the care needed so they can get back to their profession with a minimum of disruption and expense.

4. What are the challenges that should be addressed regarding workers' compensation and first responders with PTSD?

The most significant challenge with regard to PTSD and work comp is the necessity of reporting the condition as an injury so that appropriate care can be provided.  The men and women that work as First Responders are incredibly proud people who are always reluctant to acknowledge their own needs in the area of mental health.  There is an institutional stigma that continues to surround mental health claims in this community and although it is getting better, there is still a great deal of work to be done.  

5. What should employers know about employees' mental health conditions and how does the experience of first responders with PTSD shed light on those issues?

Employing agencies must see the value in a new model that insists on the provision of early intervention to avoid more significant long term consequences that often result when mental health issues are not aggressively and proactively managed.  This should really be a collaborative process with labor and management working together to create the best possible peer support systems and agreed upon training and treatment protocols to improve outcomes.

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