On Apr. 28, 2025, WV LEG governor approved HB 2797, effective Jul. 11, 2025.
On Apr. 22, WV LEG passed the bill to determine certain diagnoses.
WV LEG passed HB 2797 aiming to determine who may diagnose post-traumatic stress disorder (PTSD) as a compensable injury or disease under workers compensation.
Bill HB 2797 amends and reenacts WV LEG 23-4-1f of the Code of West Virginia, 1931.
PTSD Diagnoses
No alleged injury/disease may be recognized as a compensable caused by nonphysical means that did not result in any physical injury/disease to the person claiming benefits
PTSD is a unique medical condition that may manifest itself as a psychiatric condition otherwise precluded from workers' compensation coverage, is an occupational hazard.
Because first responders required to expose themselves to traumatic events in their employment and recognized higher risk of developing PTSD, State permits coverage.
PTSD may be recognized as compensable if the employer recognizes it as occupational diseases, and if diagnosis made by a licensed or certified mental health professional.
A PTSD diagnosis may not include consideration of any layoff, termination, disciplinary action, or any similar personnel-related action taken in good faith by an employer.
Receipt of benefits is contingent on claim being made within three years from and after a licensed psychiatrist/mental health professional made claimant aware of diagnosis.
Legislative History
On Feb. 21, 2025, bill introduced in House; on Mar. 21, 2025, bill was passed in House.
On Mar. 24, 2025, bill delivered to Senate; on Apr. 9, 2025, bill was passed in Senate.
On Apr. 12, 2025, House and Senate concurred; on Apr. 22, 2025, bill sent to governor
Effectiveness
If enacted, bill becomes effective 90 days from passage, i.e. Jul. 11. 2025.
Apr. 28, 2025 WV LEG Governor Approval
On Apr. 28, 2025, WV LEG governor approved HB 2797, effective Jul. 11, 2025.
Regulators
WV LEG
Entity Types
CNSM; Ins
Reference
Act, 4/28/2025; Bill, HB2797, 4/22/2025; Citation: WV LEG 23-4-1f;
