By Seaborn Larson
Missoulian
HELENA, Mont. — Montana Gov. Greg Gianforte last week vetoed a bill to identify post-traumatic stress disorder among police, firefighters and emergency care providers as an eligible claim for workers’ compensation.
The governor’s decision followed outreach from commerce and insurance groups urging him to reject the change in policy, much of which he released alongside his veto letter. The legislation, known as Senate Bill 394 from Sen. Cora Neumann, D- Bozeman, also faced potential legal hurdles by singling out first responders as worthy of workers’ compensation coverage for PTSD.
“They face danger, severe stress and trauma as a result of their heroic work, and they carry much of it with them, long after their day ends,” Gianforte said of first responders in his veto letter. “First responders, however, are not alone in these ongoing struggles that come with their noble jobs. Health care professionals, victim services workers, social workers and members of the military are among other Montanans who face trauma every day and can carry those scars with them.”
Gianforte also said the bill would disrupt the state’s workers’ compensation system, an issue raised by the state’s largest workers’ compensation company, but said his administration stands ready to develop “thoughtful, cost-conscious solutions” on the matter ahead of the 2027 session.
Neumann said Tuesday the equal protection concerns raised over the proposal were “empty excuses,” considering the 2019 Legislature enacted presumptive coverage eligibility for firefighters who develop cancer, and that law has never been challenged in court.
“That does not bear out if you look at other examples in the state,” she said. “And workers’ comp providers can, and all too regularly do, deny claims. So at the end of the day, the power stays in the hands of workers’ comp.”
The proposal sat atop a legislative seesaw over the session, riding early support in a House bill before being voted down, then re-emerging in Neumann’s SB 394 in the Senate. Bill hearings for the measure featured wrenching testimony from supporters while opponents urged lawmakers to think with their heads, rather than their hearts, about the potential hike in premium costs to local governments who employ those first responders.
Up for debate
Several lawmakers, particularly in the delegations of Butte and Anaconda, are first responders in their citizen jobs outside the Legislature. Freshman Rep. Marc Lee, D- Butte, has a combined 33 years in public service, first with the police department and now as a captain of the Butte-Silver Bow Fire Department.
During a floor debate in early March, Lee told lawmakers he was “ignorant” to believe workers’ compensation coverage already included PTSD, otherwise known as post-traumatic stress injuries (PSTI).
“While some can say, ‘This this type of work you signed up for,’ or, ‘You knew what you were getting into,’ I can promise you, no one in their right minds signs up for the mental aspects of what first responders go through,” Lee said. “I personally know where all the white crosses are that dot my county, and who died there, and how they died. I remember what the weather was like that day, and I relive those events every time I drive past those crosses. My eyes are conditioned to look for them and my brain instantly plays back the tragedy.”
Neumann’s bill ultimately passed with some Republican support, even after some GOP legislative leaders spoke against the concept.
“It’s not the government’s role to take care of everybody,” Senate Majority Leader Tom McGillvray, R- Billings, said during the April debate in the upper chamber. “The government is not your mama; the government is not your daddy. Eventually you run out of money to take care of everybody.”
Sen. Derek Harvey, a Democrat and longtime firefighter and EMT with the Butte-Silver Bow Fire Department, turned the metaphor back at McGillvray.
“If you ran on a campaign and you said over and over again that you back the blue, this is the back-the-blue bill,” Harvey said during the Senate floor debate. “It’s not a one-time event that causes this level of PTSD. … It’s cumulative, over and over again. It’s the mamas and the papas that we have to pick up after they’ve committed suicide. It’s the mamas and papas I’ve seen kill their own children.”
More than half of states cover certain first responder mental health claims under workers’ compensation, according to the National Institutes of Health. Many proponents of Montana’s proposal had looked to other states to dispel the arguments about ballooning premiums for local governments. Neumann pointed to Oregon, population 4.2 million, which saw about 60 claims in a three-year period. Florida, population 23.3 million, has averaged under 10 PTSD claims per year, Neumann said.
Neumann had made several concessions along the way to SB 394’s passage. Detention officers in county jails, for example, had been stripped to cut down on the presumptive costs.
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Montana State Fund is by far the largest workers’ compensation carrier in the state. It’s a not-for-profit, quasi-governmental organization created by the Legislature that serves as the insurer of last resort in Montana. The organization remained neutral during the debate on SB 394.
The Montana Chamber of Commerce and the Billings Chamber of Commerce, meanwhile, both urged Gianforte to veto the bill. Neither of those organizations employ first responders, but worried SB 394’s passage could eventually lead to PTSD coverage for all employees, public and private. Both organizations also urged the governor to consider pursuing a system similar to that recently implemented in Georgia, where local health care systems provide benefits for PTSD claims rather than the broader workers’ compensation system.
“This approach delivers actual benefits — including lump sum payments and up to three years of disability coverage — while maintaining system integrity and cost predictability,” Daniel Brooks of the Billings Chamber of Commerce wrote to Gianforte on June 9.
Neumann on Tuesday said she’s already in talks about reworking the bill for more buy-in over the next 18 months before the Legislature gavels back in.
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