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HB 5953

Worker's compensation: disabilities; presumption of causation of post-traumatic stress disorder; provide for certain occupations and allow for claims against post-traumatic stress injury fund. Amends 1969 PA 317 (MCL 418.101 - 418.941) by adding sec. 407. TIE BAR WITH: HB 5952'26

2025-2026 Regular Session Introduced by Joey Andrews and 32 co-sponsors

Creates a dedicated PTSD Injury Fund with a presumption that work-related PTSD in specified public-safety occupations is compensable through the Fund, not the employer’s workers’ c

bill electronically reproduced 05/12/2026
#lawenforcement:firepersonnel #lawenforcement:localpolice #worker'scompensation:disabilities
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Bill Summary · HB 5953

Overview

HB 5953 is a Michigan bill proposing the creation of a post-traumatic stress injury fund and a mechanism for certain high-risk public-safety workers to presumption-advise disability benefits for work-related post-traumatic stress disorder (PTSD). The bill creates an optional pathway: eligible individuals may suspend a workers’ compensation claim against their employer and instead file for benefits from the new PTSD Injury Fund, with a legal presumption that the PTSD arises from employment, subject to certain rebuttals. The measure ties to HB 5952 as a tie-bar.

Primary purpose and intent

  • Establish a post-traumatic stress injury fund (PTSD Injury Fund) to provide benefits for PTSD diagnosed as work-related among specific public-facing occupations.
  • Create a presumption that PTSD, once diagnosed after a qualifying traumatic event in the specified occupations, arises out of and in the course of employment, shifting the basis for eligibility to the fund rather than the employer’s workers’ compensation claim (subject to conditions and potential rebuttal).
  • Streamline and standardize the process for eligibility, application, and adjudication of PTSD-related benefits.

Key provisions and changes

  • Eligibility and claim process (Sec. 407(1)):
    • An eligible individual who files a work-related PTSD claim may suspend that claim and instead pursue benefits from the PTSD Injury Fund if:
    • They experience a qualifying traumatic event during employment in a covered occupation (see Sec. 9(a)(i)).
    • They are diagnosed with PTSD by a qualified mental health professional after the event.
  • Presumption of coverage (Sec. 407(2)):
    • If a claim is filed with the Fund, PTSD is presumed to arise from employment, enabling fund-based benefits unless rebutted (Sec. 407(3)).
  • Rebuttal to presumption (Sec. 407(3)):
    • The employer/claimant can present clear and convincing evidence to show:
    • PTSD was primarily caused by non-work-related factors, or
    • The diagnosis does not meet the DSM criteria for PTSD (current edition).
  • Pension integration (Sec. 407(4)–(5)):
    • Before filing for fund benefits, an eligible individual must apply for or prove ineligibility for any pension benefits.
    • If pension benefits are denied or inapplicable, the presumption for fund benefits applies.
    • If pension benefits exist, medical expenses covered by the pension program may still be payable under Fund coverage for non-pension medical expenses (Sec. 407(5)).
  • Suspension duration and redemption (Sec. 407(6)):
    • The suspension of the employer claim lasts only while the Fund provides like benefits; if a redemption agreement is reached, suspension continues indefinitely.
  • Procedural timeline (Sec. 407(7)–(8)):
    • Hearings on PTSD-related applications must be held within 90 days of filing and receive priority in the hearing calendar.
    • The director must develop application, approval, and compliance processes, establish forms, notify employers/carriers, and adjudicate claims within 30 days of receipt.
  • Definitions (Sec. 407(9)):
    • Eligible individual: detailed criteria including occupation types (fire/police, sheriff, state police, airport/fire department roles, licensed professionals, correctional officers, 911 dispatchers), minimum service requirements (5+ years), retirement status (retired less than 10 years), and filing deadline (within 180 days of PTSD diagnosis/recognition).
    • Fund: PTSD Injury Fund (created under section 409).
    • Mental health professional: defined as licensed psychologists, licensed clinical social workers, licensed professional counselors, or other state-licensed practitioners with master’s degree or higher authorized to diagnose PTSD.
    • PTSD: must meet DSM criteria per the most current edition.
    • Qualifying traumatic event: includes witnessing/responding to serious injury/death, immediate threats to life, mass casualty response, crime scene work, etc.; excludes disciplinary actions, performance evaluations, job transfers, layoffs, demotions, or terminations.
  • Administrative and funding structure (Sec. 407(8)):
    • The director of the department develops and maintains the fund’s processes, standards, templates, and forms, posts materials online, and ensures timely decision-making (not later than 30 days after claim receipt).

Who would be affected

  • Eligible individuals in specified occupations who experience a qualifying traumatic event and are diagnosed with PTSD, and who choose to pursue Fund benefits rather than or in addition to workers’ compensation.
  • Employers and workers’ compensation carriers who would have claims suspended or redirected to the PTSD Injury Fund upon eligibility.
  • Pension systems, insofar as interaction with pension benefits is a prerequisite to Fund claims.
  • State agencies and departments responsible for administering the Fund, determinations, and related processes.

Procedural and timeline aspects

  • The act is contingent on enactment of HB 5952 (tie-bar provision).
  • Application and claim processing are designed to occur promptly, with a 30-day decision window for fund claims and a 90-day hearing timeline.
  • Preliminary pension-related steps are required before Fund benefits can be pursued, with a mechanism to continue medical expense coverage through non-pension channels if applicable.

Summary

HB 5953 aims to provide a targeted, presumption-based path for PTSD arising from work in public safety and related occupations by creating a dedicated PTSD Injury Fund. It allows eligible workers to suspend a traditional employer workers’ compensation claim and receive benefits from the Fund, subject to a rebuttable presumption and strict procedural timelines. The bill emphasizes careful vetting through pension eligibility, requires timely adjudication, and defines qualifying trauma and diagnoses to ensure targeted coverage while preserving the ability to challenge the presumption with compelling medical evidence.

Compiled from official sources — confirm details with the bill’s official record.

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