Connecticut 2017 Regular Session

Connecticut Senate Bill SB00027 Compare Versions

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1-General Assembly Substitute Bill No. 27
2-January Session, 2017 *_____SB00027LAB___030717____*
1+General Assembly Committee Bill No. 27
2+January Session, 2017 LCO No. 3735
3+ *03735SB00027LAB*
4+Referred to Committee on LABOR AND PUBLIC EMPLOYEES
5+Introduced by:
6+(LAB)
37
48 General Assembly
59
6-Substitute Bill No. 27
10+Committee Bill No. 27
711
812 January Session, 2017
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10-*_____SB00027LAB___030717____*
14+LCO No. 3735
15+
16+*03735SB00027LAB*
17+
18+Referred to Committee on LABOR AND PUBLIC EMPLOYEES
19+
20+Introduced by:
21+
22+(LAB)
1123
1224 AN ACT INCLUDING CERTAIN MENTAL OR EMOTIONAL IMPAIRMENTS WITHIN THE DEFINITION OF "PERSONAL INJURY" UNDER THE WORKERS' COMPENSATION STATUTES.
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1426 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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1628 Section 1. Subdivision (16) of section 31-275 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
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1830 (16) (A) "Personal injury" or "injury" includes, in addition to accidental injury that may be definitely located as to the time when and the place where the accident occurred, an injury to an employee that is causally connected with the employee's employment and is the direct result of repetitive trauma or repetitive acts incident to such employment, and occupational disease.
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2032 (B) "Personal injury" or "injury" shall not be construed to include:
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2234 (i) An injury to an employee that results from the employee's voluntary participation in any activity the major purpose of which is social or recreational, including, but not limited to, athletic events, parties and picnics, whether or not the employer pays some or all of the cost of such activity;
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24-(ii) A mental or emotional impairment, unless such impairment (I) arises from a physical injury or occupational disease, (II) in the case of a police officer, arises from such police officer's use of deadly force or subjection to deadly force in the line of duty, regardless of whether such police officer is physically injured, provided such police officer is the subject of an attempt by another person to cause such police officer serious physical injury or death through the use of deadly force, and such police officer reasonably believes such police officer to be the subject of such an attempt, [or] (III) in the case of a firefighter, is diagnosed as post-traumatic stress disorder by a licensed and board certified mental health professional, determined by such professional to be originating from the firefighter witnessing the death of another firefighter while engaged in the line of duty and not subject to any other exclusion in this section, or (IV) in the case of any police officer or firefighter, is diagnosed as post-traumatic stress disorder by a licensed and board certified mental health professional, and determined by such professional to be originating from the police officer or firefighter visually witnessing the death or maiming of one or more human beings and which is not the result of some natural cause, provided such death or maiming is not the result of a motor vehicle collision and the visual witnessing of such death or maiming, or the visual witnessing of the aftermath of such death or maiming, occurred while the police officer or firefighter was engaged in the line of duty. As used in this clause, "police officer" means a member of the Division of State Police within the Department of Emergency Services and Public Protection, an organized local police department or a municipal constabulary, "firefighter" means a uniformed member of a municipal paid or volunteer fire department, [and] "in the line of duty" means any action that a police officer or firefighter is obligated or authorized by law, rule, regulation or written condition of employment service to perform, or for which the police officer or firefighter is compensated by the public entity such officer serves, "maiming" means the loss of any member or organ, and "immediate aftermath" means the scene at which such death or maiming occurred for a period of time not to exceed six hours after such scene is secured by law enforcement officers;
36+(ii) A mental or emotional impairment, unless such impairment (I) arises from a physical injury or occupational disease, (II) in the case of a police officer, arises from such police officer's use of deadly force or subjection to deadly force in the line of duty, regardless of whether such police officer is physically injured, provided such police officer is the subject of an attempt by another person to cause such police officer serious physical injury or death through the use of deadly force, and such police officer reasonably believes such police officer to be the subject of such an attempt, [or] (III) in the case of a firefighter, is diagnosed as post-traumatic stress disorder by a licensed and board certified mental health professional, determined by such professional to be originating from the firefighter witnessing the death of another firefighter while engaged in the line of duty and not subject to any other exclusion in this section, or (IV) in the case of any police officer or firefighter, is diagnosed by a psychiatrist licensed pursuant to chapter 370 or a psychologist licensed pursuant to chapter 383, and determined by such psychiatrist or psychologist to be originating from the police officer or firefighter visually witnessing the death or maiming of one or more human beings and which is not the result of some natural cause, provided such death or maiming is not the result of a motor vehicle collision and the visual witnessing of such death or maiming, or the visual witnessing of the aftermath of such death or maiming, was casually connected with the police officer's or firefighter's employment. As used in this clause, "police officer" means a member of the Division of State Police within the Department of Emergency Services and Public Protection, an organized local police department or a municipal constabulary, "firefighter" means a uniformed member of a municipal paid or volunteer fire department, [and] "in the line of duty" means any action that a police officer or firefighter is obligated or authorized by law, rule, regulation or written condition of employment service to perform, or for which the police officer or firefighter is compensated by the public entity such officer serves, "maiming" means the loss of any member or organ, and "immediate aftermath" means the scene at which such death or maiming occurred for a period of time not to exceed six hours after such scene is secured by law enforcement officers;
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2638 (iii) A mental or emotional impairment that results from a personnel action, including, but not limited to, a transfer, promotion, demotion or termination; or
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2840 (iv) Notwithstanding the provisions of subparagraph (B)(i) of this subdivision, "personal injury" or "injury" includes injuries to employees of local or regional boards of education resulting from participation in a school-sponsored activity but does not include any injury incurred while going to or from such activity. As used in this clause, "school-sponsored activity" means any activity sponsored, recognized or authorized by a board of education and includes activities conducted on or off school property and "participation" means acting as a chaperone, advisor, supervisor or instructor at the request of an administrator with supervisory authority over the employee.
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3042 Sec. 2. (NEW) (Effective from passage) Not later than October 1, 2017, the state shall purchase a workers' compensation insurance policy to provide coverage for any claims for workers' compensation benefits made pursuant to subparagraph (B)(ii)(IV) of subdivision (16) of section 31-275 of the general statutes, as amended by this act.
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3244 Sec. 3. Section 31-294h of the general statutes is repealed. (Effective from passage)
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3749 This act shall take effect as follows and shall amend the following sections:
3850 Section 1 from passage 31-275(16)
3951 Sec. 2 from passage New section
4052 Sec. 3 from passage Repealer section
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4254 This act shall take effect as follows and shall amend the following sections:
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4456 Section 1
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4658 from passage
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4860 31-275(16)
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5062 Sec. 2
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5264 from passage
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5466 New section
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5668 Sec. 3
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5870 from passage
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6072 Repealer section
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74+Statement of Purpose:
75+
76+To expand workers' compensation coverage in certain situations that result in mental or emotional impairment.
77+
78+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]
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64-LAB Joint Favorable Subst.
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66-LAB
82+Co-Sponsors: SEN. LOONEY, 11th Dist.; SEN. OSTEN, 19th Dist.
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68-Joint Favorable Subst.
84+Co-Sponsors:
85+
86+SEN. LOONEY, 11th Dist.; SEN. OSTEN, 19th Dist.
87+
88+S.B. 27