The following is an example drafted of how a new statute could be written and inserted into Title 39, Chapter 71 of the Montana Code Annotated (MCA) to extend coverage in a limited way to include PTSD in the workers’ compensation statutes. It is styled to match the format, numbering, and drafting conventions of existing MCA workers’ compensation provisions (e.g., 39-71-119 and 39-71-609). This proposal would be introduced as a new section (suggested number 39-71-120) immediately following the current definition of “injury” in 39-71-119. It creates a narrow, time-limited exception for single-event trauma-induced PTSD without requiring an objective physical injury, while applying to all employees covered by Montana’s workers’ compensation system (including, but not limited to, first responders). It incorporates the diagnostic standard used in Washington and Georgia (the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association — commonly referred to as DSM-5-TR or any later edition). Georgia’s law similarly limits the diagnosis window to two years after the event; this draft caps all benefits at two years from the traumatic event date, regardless of when diagnosis occurs.
39-71-120. Posttraumatic stress disorder caused by single traumatic event — compensable injury without objective physical harm — benefits and limitations.(1) Notwithstanding the provisions of 39-71-119(3) or any other provision of this chapter that would otherwise exclude a mental or emotional condition arising solely from emotional or mental stress, a diagnosis of posttraumatic stress disorder (PTSD) is a compensable injury under this chapter if the PTSD:
(a) is directly caused by a single traumatic event that arises out of and in the course of the worker’s employment;
(b) is diagnosed by a qualified mental health professional in accordance with the clinical diagnostic criteria set forth in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and
(c) occurs in a worker who is an employee subject to the provisions of this chapter. For the purposes of this section, “single traumatic event” means one specific incident or occurrence on a single day or during a single work shift that involves actual or threatened death, serious injury, or sexual violence, witnessed, experienced, or responded to in the course of employment. Coverage under this section applies to all covered employees, including first responders.(2) Benefits payable under this section are limited to:
(a) temporary total disability benefits as provided in 39-71-701, et seq.; and (b) medical benefits for reasonable and necessary treatment of the PTSD as provided in 39-71-704. (3) All benefits provided under this section terminate no later than 2 years after the date of the single traumatic event, regardless of the date on which the PTSD is diagnosed or treatment is sought. No benefits may be paid or extended beyond that 2-year period.(4) A diagnosis of PTSD under this section does not constitute a basis for any rateable or payable impairment rating, permanent partial disability benefits, or permanent total disability benefits under this chapter, regardless of the severity or long-term consequences of the condition.(5) For purposes of this section:
(a) “First responder” includes a law enforcement officer, firefighter (paid or volunteer), emergency medical technician, ambulance service personnel, or other public safety personnel whose primary duties involve responding to emergency calls, as further described in 39-71-118 and related provisions.
(b) “Qualified mental health professional” means a psychiatrist, psychologist, or other licensed mental health provider authorized to diagnose mental disorders under Montana law and qualified to apply DSM criteria.(6) This section does not affect or expand coverage for any mental condition that is not PTSD or that does not arise from a single traumatic event. Cumulative or repetitive emotional stress claims remain excluded under 39-71-119.
