Connecticut 2021 Regular Session

Connecticut Senate Bill SB00660 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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3	6
4		-	Senate Bill No. 660
	7	+	General Assembly Committee Bill No. 660
	8	+	January Session, 2021
	9	+	LCO No. 5812
5	10
6		-	Public Act No. 21-107
	11	+
	12	+	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
	13	+
	14	+
	15	+	Introduced by:
	16	+	(LAB)
	17	+
7	18
8	19
9	20		AN ACT EXPANDING WOR KERS' COMPENSATION BENEFIT S FOR
10	21		CERTAIN MENTAL OR EM OTIONAL IMPAIRMENTS SUFFERED BY
11	22		HEALTH CARE PROVIDER S IN CONNECTION WITH COVID-19.
12	23		Be it enacted by the Senate and House of Representatives in General
13	24		Assembly convened:
14	25
15		-	Section 1. Subdivision (16) of section 31-275 of the general statutes is
16		-	repealed and the following is substituted in lieu thereof (Effective from
17		-	passage):
18		-	(16) (A) "Personal injury" or "injury" includes, in addition to
19		-	accidental injury that may be definitely located as to the time when and
20		-	the place where the accident occurred, an injury to an employee that is
21		-	causally connected with the employee's employment and is the direct
22		-	result of repetitive trauma or repetitive acts incident to such
23		-	employment, and occupational disease.
24		-	(B) "Personal injury" or "injury" shall not be construed to include:
25		-	(i) An injury to an employee that results from the employee's
26		-	voluntary participation in any activity the major purpose of which is
27		-	social or recreational, including, but not limited to, athletic events,
28		-	parties and picnics, whether or not the employer pays some or all of the
29		-	cost of such activity; Senate Bill No. 660
	26	+	Section 1. Subdivision (16) of section 31-275 of the general statutes is 1
	27	+	repealed and the following is substituted in lieu thereof (Effective from 2
	28	+	passage): 3
	29	+	(16) (A) "Personal injury" or "injury" includes, in addition to 4
	30	+	accidental injury that may be definitely located as to the time when and 5
	31	+	the place where the accident occurred, an injury to an employee that is 6
	32	+	causally connected with the employee's employment and is the direct 7
	33	+	result of repetitive trauma or repetitive acts incident to such 8
	34	+	employment, and occupational disease. 9
	35	+	(B) "Personal injury" or "injury" shall not be construed to include: 10
	36	+	(i) An injury to an employee that results from the employee's 11
	37	+	voluntary participation in any activity the major purpose of which is 12
	38	+	social or recreational, including, but not limited to, athletic events, 13 Committee Bill No. 660
30	39
31		-	Public Act No. 21-107 2 of 9
32	40
33		-	(ii) A mental or emotional impairment, unless such impairment (I)
34		-	arises from a physical injury or occupational disease, (II) in the case of a
35		-	police officer of the Division of State Police within the Department of
36		-	Emergency Services and Public Protection, an organized local police
37		-	department or a municipal constabulary, arises from such police
38		-	officer's use of deadly force or subjection to deadly force in the line of
39		-	duty, regardless of whether such police officer is physically injured,
40		-	provided such police officer is the subject of an attempt by another
41		-	person to cause such police officer serious physical injury or death
42		-	through the use of deadly force, and such police officer reasonably
43		-	believes such police officer to be the subject of such an attempt, or (III)
44		-	in the case of [a police officer, parole officer or firefighter] an eligible
45		-	individual as defined in section 31-294k, as amended by this act, is a
46		-	diagnosis of post-traumatic stress [disorder] injury as defined in section
47		-	31-294k, as amended by this act, that meets all the requirements of
48		-	section 31-294k, as amended by this act. As used in this clause, "in the
49		-	line of duty" means any action that a police officer is obligated or
50		-	authorized by law, rule, regulation or written condition of employment
51		-	service to perform, or for which the police officer or firefighter is
52		-	compensated by the public entity such officer serves;
53		-	(iii) A mental or emotional impairment that results from a personnel
54		-	action, including, but not limited to, a transfer, promotion, demotion or
55		-	termination; or
56		-	(iv) Notwithstanding the provisions of subparagraph (B)(i) of this
57		-	subdivision, "personal injury" or "injury" includes injuries to employees
58		-	of local or regional boards of education resulting from participation in a
59		-	school-sponsored activity but does not include any injury incurred
60		-	while going to or from such activity. As used in this clause, "school-
61		-	sponsored activity" means any activity sponsored, recognized or
62		-	authorized by a board of education and includes activities conducted on
63		-	or off school property and "participation" means acting as a chaperone, Senate Bill No. 660
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64	44
65		-	Public Act No. 21-107 3 of 9
	45	+	parties and picnics, whether or not the employer pays some or all of the 14
	46	+	cost of such activity; 15
	47	+	(ii) A mental or emotional impairment, unless such impairment (I) 16
	48	+	arises from a physical injury or occupational disease, (II) in the case of a 17
	49	+	police officer of the Division of State Police within the Department of 18
	50	+	Emergency Services and Public Protection, an organized local police 19
	51	+	department or a municipal constabulary, arises from such police 20
	52	+	officer's use of deadly force or subjection to deadly force in the line of 21
	53	+	duty, regardless of whether such police officer is physically injured, 22
	54	+	provided such police officer is the subject of an attempt by another 23
	55	+	person to cause such police officer serious physical injury or death 24
	56	+	through the use of deadly force, and such police officer reasonably 25
	57	+	believes such police officer to be the subject of such an attempt, or (III) 26
	58	+	in the case of [a police officer, parole officer or firefighter] an eligible 27
	59	+	individual as defined in section 31-294k, as amended by this act, is a 28
	60	+	diagnosis of post-traumatic stress [disorder] injury as defined in section 29
	61	+	31-294k, as amended by this act, that meets all the requirements of 30
	62	+	section 31-294k, as amended by this act. As used in this clause, "in the 31
	63	+	line of duty" means any action that a police officer is obligated or 32
	64	+	authorized by law, rule, regulation or written condition of employment 33
	65	+	service to perform, or for which the police officer or firefighter is 34
	66	+	compensated by the public entity such officer serves; 35
	67	+	(iii) A mental or emotional impairment that results from a personnel 36
	68	+	action, including, but not limited to, a transfer, promotion, demotion or 37
	69	+	termination; or 38
	70	+	(iv) Notwithstanding the provisions of subparagraph (B)(i) of this 39
	71	+	subdivision, "personal injury" or "injury" includes injuries to employees 40
	72	+	of local or regional boards of education resulting from participation in a 41
	73	+	school-sponsored activity but does not include any injury incurred 42
	74	+	while going to or from such activity. As used in this clause, "school-43
	75	+	sponsored activity" means any activity sponsored, recognized or 44
	76	+	authorized by a board of education and includes activities conducted on 45
	77	+	or off school property and "participation" means acting as a chaperone, 46 Committee Bill No. 660
66	78
67		-	advisor, supervisor or instructor at the request of an administrator with
68		-	supervisory authority over the employee.
69		-	Sec. 2. Section 31-294k of the general statutes is repealed and the
70		-	following is substituted in lieu thereof (Effective from passage):
71		-	(a) As used in this section:
72		-	(1) "COVID-19" means the respiratory disease designated by the
73		-	World Health Organization on February 11, 2020, as coronavirus 2019,
74		-	and any related mutation thereof recognized by the World Health
75		-	Organization as a communicable respiratory disease;
76		-	(2) "Eligible individual" means a police officer, firefighter, emergency
77		-	medical services personnel, Department of Correction employee,
78		-	telecommunicator or health care provider;
79		-	(3) "Emergency medical services personnel" has the same meaning as
80		-	provided in section 20-206jj;
81		-	[(1)] (4) "Firefighter" has the same meaning as provided in section 7-
82		-	313g;
83		-	(5) "Health care provider" means (A) a person employed at a doctor's
84		-	office, hospital, health care center, clinic, medical school, local health
85		-	department or agency, nursing facility, retirement facility, nursing
86		-	home, group home, home health care provider, any facility that
87		-	performs laboratory or medical testing, pharmacy or any similar
88		-	institution, or (B) a person employed to provide personal care
89		-	assistance, as defined in section 17b-706, in or about a private dwelling,
90		-	provided such person is regularly employed by the owner or occupier
91		-	of the dwelling for more than twenty-six hours per week;
92		-	[(2)] (6) "In the line of duty" means any action that [a police officer,
93		-	parole officer or firefighter] an eligible individual is obligated or Senate Bill No. 660
94	79
95		-	Public Act No. 21-107 4 of 9
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96	83
97		-	authorized by law, rule, regulation or written condition of employment
98		-	service to perform, or for which the [officer or firefighter] eligible
99		-	individual is compensated by the public entity such [officer or
100		-	firefighter] individual serves, except that, in the case of a volunteer
101		-	firefighter, such action or service constitutes fire duties, as defined in
102		-	subsection (b) of section 7-314b;
103		-	[(3)] (7) "Mental health professional" means a board-certified
104		-	psychiatrist or a psychologist licensed pursuant to chapter 383, who has
105		-	experience diagnosing and treating post-traumatic stress [disorder]
106		-	injury;
107		-	[(4)] (8) "Parole officer" means an employee of the Department of
108		-	Correction who supervises inmates in the community after their release
109		-	from prison on parole or under another prison release program;
110		-	[(5)] (9) "Police officer" has the same meaning as provided in section
111		-	7-294a, except that "police officer" does not include an officer of a law
112		-	enforcement unit of the Mashantucket Pequot Tribe or the Mohegan
113		-	Tribe of Indians of Connecticut;
114		-	[(6) "Post-traumatic stress disorder"] (10) "Post-traumatic stress
115		-	injury" means [a disorder] an injury that meets the diagnostic criteria for
116		-	post-traumatic stress disorder as specified in the most recent edition of
117		-	the American Psychiatric Association's "Diagnostic and Statistical
118		-	Manual of Mental Disorders"; [and]
119		-	[(7)] (11) "Qualifying event" means: [an]
120		-	(A) An event occurring in the line of duty on or after July 1, 2019, in
121		-	which a police officer, parole officer, [or] firefighter, emergency medical
122		-	services personnel, Department of Correction employee or
123		-	telecommunicator:
124		-	[(A)] (i) Views a deceased minor; Senate Bill No. 660
	84	+	advisor, supervisor or instructor at the request of an administrator with 47
	85	+	supervisory authority over the employee. 48
	86	+	Sec. 2. Section 31-294k of the general statutes is repealed and the 49
	87	+	following is substituted in lieu thereof (Effective from passage): 50
	88	+	(a) As used in this section: 51
	89	+	(1) "COVID-19" means the respiratory disease designated by the 52
	90	+	World Health Organization on February 11, 2020, as coronavirus 2019, 53
	91	+	and any related mutation thereof recognized by the World Health 54
	92	+	Organization as a communicable respiratory disease; 55
	93	+	(2) "Eligible individual" means a police officer, firefighter, emergency 56
	94	+	medical services personnel, Department of Correction employee, 57
	95	+	telecommunicator or health care provider; 58
	96	+	(3) "Emergency medical services personnel" has the same meaning as 59
	97	+	provided in section 20-206jj; 60
	98	+	[(1)] (4) "Firefighter" has the same meaning as provided in section 7-61
	99	+	313g; 62
	100	+	(5) "Health care provider" means a person employed at a doctor's 63
	101	+	office, hospital, health care center, clinic, medical school, local health 64
	102	+	department or agency, nursing facility, retirement facility, nursing 65
	103	+	home, group home, home health care provider, any facility that 66
	104	+	performs laboratory or medical testing, pharmacy or any similar 67
	105	+	institution, or a person employed to provide personal care assistance, as 68
	106	+	defined in section 17b-706; 69
	107	+	[(2)] (6) "In the line of duty" means any action that [a police officer, 70
	108	+	parole officer or firefighter] an eligible individual is obligated or 71
	109	+	authorized by law, rule, regulation or written condition of employment 72
	110	+	service to perform, or for which the [officer or firefighter] eligible 73
	111	+	individual is compensated by the public entity such [officer or 74
	112	+	firefighter] individual serves, except that, in the case of a volunteer 75 Committee Bill No. 660
125	113
126		-	Public Act No. 21-107 5 of 9
127	114
128		-	[(B)] (ii) Witnesses the death of a person or an incident involving the
129		-	death of a person;
130		-	[(C)] (iii) Witnesses an injury to a person who subsequently dies
131		-	before or upon admission at a hospital as a result of the injury and not
132		-	as a result of any other intervening cause;
133		-	[(D)] (iv) Has physical contact with and treats an injured person who
134		-	subsequently dies before or upon admission at a hospital as a result of
135		-	the injury and not as a result of any other intervening cause;
136		-	[(E)] (v) Carries an injured person who subsequently dies before or
137		-	upon admission at a hospital as a result of the injury and not as a result
138		-	of any other intervening cause; or
139		-	[(F)] (vi) Witnesses a traumatic physical injury that results in the loss
140		-	of a vital body part or a vital body function that results in permanent
141		-	disfigurement of the victim, [.] or
142		-	(B) An event arising out of and in the course of employment on or
143		-	after March 10, 2020, in which an eligible individual who is a health care
144		-	provider is engaged in activities substantially dedicated to mitigating or
145		-	responding to the public health and civil preparedness emergencies
146		-	declared by the Governor on March 10, 2020, or any extension of such
147		-	emergency declarations, and:
148		-	(i) Witnesses the death of a person due to COVID-19 or due to
149		-	symptoms that were later diagnosed as COVID-19;
150		-	(ii) Witnesses an injury to a person who subsequently dies as a result
151		-	of COVID-19 or due to symptoms that were later diagnosed as COVID-
152		-	19;
153		-	(iii) Has physical contact with and treats or provides care for a person
154		-	who subsequently dies as a result of COVID-19 or due to symptoms that Senate Bill No. 660
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155	118
156		-	Public Act No. 21-107 6 of 9
	119	+	firefighter, such action or service constitutes fire duties, as defined in 76
	120	+	subsection (b) of section 7-314b; 77
	121	+	[(3)] (7) "Mental health professional" means a board-certified 78
	122	+	psychiatrist or a psychologist licensed pursuant to chapter 383, who has 79
	123	+	experience diagnosing and treating post-traumatic stress [disorder] 80
	124	+	injury; 81
	125	+	[(4)] (8) "Parole officer" means an employee of the Department of 82
	126	+	Correction who supervises inmates in the community after their release 83
	127	+	from prison on parole or under another prison release program; 84
	128	+	[(5)] (9) "Police officer" has the same meaning as provided in section 85
	129	+	7-294a, except that "police officer" does not include an officer of a law 86
	130	+	enforcement unit of the Mashantucket Pequot Tribe or the Mohegan 87
	131	+	Tribe of Indians of Connecticut; 88
	132	+	[(6) "Post-traumatic stress disorder"] (10) "Post-traumatic stress 89
	133	+	injury" means [a disorder] an injury that meets the diagnostic criteria for 90
	134	+	post-traumatic stress disorder as specified in the most recent edition of 91
	135	+	the American Psychiatric Association's "Diagnostic and Statistical 92
	136	+	Manual of Mental Disorders"; [and] 93
	137	+	[(7)] (11) "Qualifying event" means: [an] 94
	138	+	(A) An event occurring in the line of duty on or after July 1, 2019, in 95
	139	+	which a police officer, parole officer, [or] firefighter, emergency medical 96
	140	+	services personnel, Department of Correction employee or 97
	141	+	telecommunicator: 98
	142	+	[(A)] (i) Views a deceased minor; 99
	143	+	[(B)] (ii) Witnesses the death of a person or an incident involving the 100
	144	+	death of a person; 101
	145	+	[(C)] (iii) Witnesses an injury to a person who subsequently dies 102
	146	+	before or upon admission at a hospital as a result of the injury and not 103 Committee Bill No. 660
157	147
158		-	were later diagnosed as COVID-19; or
159		-	(iv) Witnesses a traumatic physical injury that results in the loss of a
160		-	vital body function of a person due to COVID-19 or due to symptoms
161		-	that were later diagnosed as COVID-19;
162		-	(12) "Telecommunicator" has the same meaning as provided in
163		-	section 28-30; and
164		-	(13) "Witnesses" means, for an eligible individual who is a
165		-	telecommunicator, hears by telephone or radio while directly
166		-	responding to an emergency call that constitutes a qualifying event
167		-	under this section and providing a dispatch assignment.
168		-	(b) A diagnosis of post-traumatic stress [disorder] injury is
169		-	compensable as a personal injury as described in subparagraph
170		-	(B)(ii)(III) of subdivision (16) of section 31-275, as amended by this act,
171		-	if a mental health professional examines [a police officer, parole officer
172		-	or firefighter] the eligible individual and diagnoses the [officer or
173		-	firefighter] individual with a post-traumatic stress [disorder] injury as a
174		-	direct result of a qualifying event, provided (1) the post-traumatic stress
175		-	[disorder] injury resulted from [the officer or firefighter] (A) the eligible
176		-	individual acting in the line of duty if such individual is a police officer,
177		-	firefighter, emergency medical services personnel, Department of
178		-	Correction employee or telecommunicator and, in the case of a
179		-	firefighter, such firefighter complied with Federal Occupational Safety
180		-	and Health Act standards adopted pursuant to 29 CFR 1910.134 and 29
181		-	CFR 1910.156, or (B) the eligible individual acting the course of
182		-	employment if such individual is a health care provider, (2) a qualifying
183		-	event was a substantial factor in causing the [disorder, (3) such
184		-	qualifying event, and not another event or source of stress, was the
185		-	primary cause of the post-traumatic stress disorder] injury, and [(4)] (3)
186		-	the post-traumatic stress [disorder] injury did not result from any
187		-	disciplinary action, work evaluation, job transfer, layoff, demotion, Senate Bill No. 660
188	148
189		-	Public Act No. 21-107 7 of 9
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190	152
191		-	promotion, termination, retirement or similar action of the [officer or
192		-	firefighter] eligible individual. Any such mental health professional
193		-	shall comply with any workers' compensation guidelines for approved
194		-	medical providers, including, but not limited to, guidelines on release
195		-	of past or contemporaneous medical records.
196		-	(c) Whenever liability to pay compensation is contested by the
197		-	employer, the employer shall file with the commissioner, on or before
198		-	the twenty-eighth day after the employer has received a written notice
199		-	of claim, a notice in accordance with a form prescribed by the
200		-	chairperson of the Workers' Compensation Commission stating that the
201		-	right to compensation is contested, the name of the claimant, the name
202		-	of the employer, the date of the alleged injury and the specific grounds
203		-	on which the right to compensation is contested. The employer shall
204		-	send a copy of the notice to the employee in accordance with section 31-
205		-	321. If the employer or the employer's legal representative fails to file
206		-	the notice contesting liability on or before the twenty-eighth day after
207		-	receiving the written notice of claim, the employer shall commence
208		-	payment of compensation for such injury on or before the twenty-eighth
209		-	day after receiving the written notice of claim, but the employer may
210		-	contest the employee's right to receive compensation on any grounds or
211		-	the extent of the employee's disability within one hundred eighty days
212		-	from the receipt of the written notice of claim and any benefits paid
213		-	during the one hundred eighty days shall be considered payments
214		-	without prejudice, provided the employer shall not be required to
215		-	commence payment of compensation when the written notice of claim
216		-	has not been properly served in accordance with section 31-321 or when
217		-	the written notice of claim fails to include a warning that the employer
218		-	(1) if the employer has commenced payment for the alleged injury on or
219		-	before the twenty-eighth day after receiving a written notice of claim,
220		-	shall be precluded from contesting liability unless a notice contesting
221		-	liability is filed within one hundred eighty days from the receipt of the
222		-	written notice of claim, and (2) shall be conclusively presumed to have Senate Bill No. 660
	153	+	as a result of any other intervening cause; 104
	154	+	[(D)] (iv) Has physical contact with and treats an injured person who 105
	155	+	subsequently dies before or upon admission at a hospital as a result of 106
	156	+	the injury and not as a result of any other intervening cause; 107
	157	+	[(E)] (v) Carries an injured person who subsequently dies before or 108
	158	+	upon admission at a hospital as a result of the injury and not as a result 109
	159	+	of any other intervening cause; or 110
	160	+	[(F)] (vi) Witnesses a traumatic physical injury that results in the loss 111
	161	+	of a vital body part or a vital body function that results in permanent 112
	162	+	disfigurement of the victim, or 113
	163	+	(B) An event arising out of and in the course of employment on or 114
	164	+	after March 10, 2020, in which an eligible individual who is a health care 115
	165	+	provider is engaged in activities substantially dedicated to mitigating or 116
	166	+	responding to the public health and civil preparedness emergencies 117
	167	+	declared by the Governor on March 10, 2020, or any extension of such 118
	168	+	emergency declarations, and: 119
	169	+	(i) Witnesses the death of a person due to COVID-19 or due to 120
	170	+	symptoms that were later diagnosed as COVID-19; 121
	171	+	(ii) Witnesses an injury to a person who subsequently dies as a result 122
	172	+	of COVID-19 or due to symptoms that were later diagnosed as COVID-123
	173	+	19; 124
	174	+	(iii) Has physical contact with and treats or provides care for a person 125
	175	+	who subsequently dies as a result of COVID-19 or due to symptoms that 126
	176	+	were later diagnosed as COVID-19; or 127
	177	+	(iv) Witnesses a traumatic physical injury that results in the loss of a 128
	178	+	vital body function of a person due to COVID-19 or due to symptoms 129
	179	+	that were later diagnosed as COVID-19; 130
	180	+	(12) "Telecommunicator" has the same meaning as provided in 131 Committee Bill No. 660
223	181
224		-	Public Act No. 21-107 8 of 9
225	182
226		-	accepted the compensability of the alleged injury unless the employer
227		-	either files a notice contesting liability on or before the twenty-eighth
228		-	day after receiving a written notice of claim or commences payment for
229		-	the alleged injury on or before such twenty-eighth day. An employer
230		-	shall be entitled, if the employer prevails, to reimbursement from the
231		-	claimant of any compensation paid by the employer on and after the
232		-	date the commissioner receives written notice from the employer or the
233		-	employer's legal representative, in accordance with the form prescribed
234		-	by the chairperson of the Workers' Compensation Commission, stating
235		-	that the right to compensation is contested. Notwithstanding the
236		-	provisions of this subsection, an employer who fails to contest liability
237		-	for an alleged injury on or before the twenty-eighth day after receiving
238		-	a written notice of claim and who fails to commence payment for the
239		-	alleged injury on or before such twenty-eighth day, shall be conclusively
240		-	presumed to have accepted the compensability of the alleged injury. If
241		-	an employer has opted to post an address of where notice of a claim for
242		-	compensation by an employee shall be sent, as described in subsection
243		-	(a) of section 31-294c, the twenty-eight-day period set forth in this
244		-	subsection shall begin on the date when such employer receives written
245		-	notice of a claim for compensation at such posted address.
246		-	(d) Notwithstanding any provision of this chapter, workers'
247		-	compensation benefits for any [police officer, parole officer or
248		-	firefighter] eligible individual for a personal injury described in
249		-	subparagraph (B)(ii)(III) of subdivision (16) of section 31-275, as
250		-	amended by this act, shall (1) include any combination of medical
251		-	treatment prescribed by a board-certified psychiatrist or a licensed
252		-	psychologist, temporary total incapacity benefits under section 31-307
253		-	and temporary partial incapacity benefits under subsection (a) of section
254		-	31-308, and (2) be provided for a maximum of fifty-two weeks from the
255		-	date of diagnosis. No medical treatment, temporary total incapacity
256		-	benefits under section 31-307 or temporary partial incapacity benefits
257		-	under subsection (a) of section 31-308 shall be awarded beyond four Senate Bill No. 660
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258	186
259		-	Public Act No. 21-107 9 of 9
	187	+	section 28-30; and 132
	188	+	(13) "Witnesses" means, for an eligible individual who is a 133
	189	+	telecommunicator, hears by telephone or radio. 134
	190	+	(b) A diagnosis of post-traumatic stress [disorder] injury is 135
	191	+	compensable as a personal injury as described in subparagraph 136
	192	+	(B)(ii)(III) of subdivision (16) of section 31-275, as amended by this act, 137
	193	+	if a mental health professional examines [a police officer, parole officer 138
	194	+	or firefighter] the eligible individual and diagnoses the [officer or 139
	195	+	firefighter] individual with a post-traumatic stress [disorder] injury as a 140
	196	+	direct result of a qualifying event, provided (1) the post-traumatic stress 141
	197	+	[disorder] injury resulted from [the officer or firefighter] (A) the eligible 142
	198	+	individual acting in the line of duty if such individual is a police officer, 143
	199	+	firefighter, emergency medical services personnel, Department of 144
	200	+	Correction employee or telecommunicator and, in the case of a 145
	201	+	firefighter, such firefighter complied with Federal Occupational Safety 146
	202	+	and Health Act standards adopted pursuant to 29 CFR 1910.134 and 29 147
	203	+	CFR 1910.156, or (B) the eligible individual acting the course of 148
	204	+	employment if such individual is a health care provider, (2) a qualifying 149
	205	+	event was a substantial factor in causing the [disorder, (3) such 150
	206	+	qualifying event, and not another event or source of stress, was the 151
	207	+	primary cause of the post-traumatic stress disorder] injury, and [(4)] (3) 152
	208	+	the post-traumatic stress [disorder] injury did not result from any 153
	209	+	disciplinary action, work evaluation, job transfer, layoff, demotion, 154
	210	+	promotion, termination, retirement or similar action of the [officer or 155
	211	+	firefighter] eligible individual. Any such mental health professional 156
	212	+	shall comply with any workers' compensation guidelines for approved 157
	213	+	medical providers, including, but not limited to, guidelines on release 158
	214	+	of past or contemporaneous medical records. 159
	215	+	(c) Whenever liability to pay compensation is contested by the 160
	216	+	employer, the employer shall file with the commissioner, on or before 161
	217	+	the twenty-eighth day after the employer has received a written notice 162
	218	+	of claim, a notice in accordance with a form prescribed by the 163
	219	+	chairperson of the Workers' Compensation Commission stating that the 164 Committee Bill No. 660
260	220
261		-	years from the date of the qualifying event that formed the basis for the
262		-	personal injury. The weekly benefits received by an [officer or a
263		-	firefighter] eligible individual pursuant to section 31-307 or subsection
264		-	(a) of section 31-308, when combined with other benefits including, but
265		-	not limited to, contributory and noncontributory retirement benefits,
266		-	Social Security benefits, benefits under a long-term or short-term
267		-	disability plan, but not including payments for medical care, shall not
268		-	exceed the average weekly wage paid to such [officer or firefighter]
269		-	eligible individual. An [officer or firefighter] eligible individual
270		-	receiving benefits pursuant to this subsection shall not be entitled to
271		-	benefits pursuant to subsection (b) of section 31-308 or section 31-308a.
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	225	+
	226	+	right to compensation is contested, the name of the claimant, the name 165
	227	+	of the employer, the date of the alleged injury and the specific grounds 166
	228	+	on which the right to compensation is contested. The employer shall 167
	229	+	send a copy of the notice to the employee in accordance with section 31-168
	230	+	321. If the employer or the employer's legal representative fails to file 169
	231	+	the notice contesting liability on or before the twenty-eighth day after 170
	232	+	receiving the written notice of claim, the employer shall commence 171
	233	+	payment of compensation for such injury on or before the twenty-eighth 172
	234	+	day after receiving the written notice of claim, but the employer may 173
	235	+	contest the employee's right to receive compensation on any grounds or 174
	236	+	the extent of the employee's disability within one hundred eighty days 175
	237	+	from the receipt of the written notice of claim and any benefits paid 176
	238	+	during the one hundred eighty days shall be considered payments 177
	239	+	without prejudice, provided the employer shall not be required to 178
	240	+	commence payment of compensation when the written notice of claim 179
	241	+	has not been properly served in accordance with section 31-321 or when 180
	242	+	the written notice of claim fails to include a warning that the employer 181
	243	+	(1) if the employer has commenced payment for the alleged injury on or 182
	244	+	before the twenty-eighth day after receiving a written notice of claim, 183
	245	+	shall be precluded from contesting liability unless a notice contesting 184
	246	+	liability is filed within one hundred eighty days from the receipt of the 185
	247	+	written notice of claim, and (2) shall be conclusively presumed to have 186
	248	+	accepted the compensability of the alleged injury unless the employer 187
	249	+	either files a notice contesting liability on or before the twenty-eighth 188
	250	+	day after receiving a written notice of claim or commences payment for 189
	251	+	the alleged injury on or before such twenty-eighth day. An employer 190
	252	+	shall be entitled, if the employer prevails, to reimbursement from the 191
	253	+	claimant of any compensation paid by the employer on and after the 192
	254	+	date the commissioner receives written notice from the employer or the 193
	255	+	employer's legal representative, in accordance with the form prescribed 194
	256	+	by the chairperson of the Workers' Compensation Commission, stating 195
	257	+	that the right to compensation is contested. Notwithstanding the 196
	258	+	provisions of this subsection, an employer who fails to contest liability 197
	259	+	for an alleged injury on or before the twenty-eighth day after receiving 198
	260	+	a written notice of claim and who fails to commence payment for the 199 Committee Bill No. 660
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	266	+
	267	+	alleged injury on or before such twenty-eighth day, shall be conclusively 200
	268	+	presumed to have accepted the compensability of the alleged injury. If 201
	269	+	an employer has opted to post an address of where notice of a claim for 202
	270	+	compensation by an employee shall be sent, as described in subsection 203
	271	+	(a) of section 31-294c, the twenty-eight-day period set forth in this 204
	272	+	subsection shall begin on the date when such employer receives written 205
	273	+	notice of a claim for compensation at such posted address. 206
	274	+	(d) Notwithstanding any provision of this chapter, workers' 207
	275	+	compensation benefits for any [police officer, parole officer or 208
	276	+	firefighter] eligible individual for a personal injury described in 209
	277	+	subparagraph (B)(ii)(III) of subdivision (16) of section 31-275, as 210
	278	+	amended by this act, shall (1) include any combination of medical 211
	279	+	treatment prescribed by a board-certified psychiatrist or a licensed 212
	280	+	psychologist, temporary total incapacity benefits under section 31-307 213
	281	+	and temporary partial incapacity benefits under subsection (a) of section 214
	282	+	31-308, and (2) be provided for a maximum of fifty-two weeks from the 215
	283	+	date of diagnosis. No medical treatment, temporary total incapacity 216
	284	+	benefits under section 31-307 or temporary partial incapacity benefits 217
	285	+	under subsection (a) of section 31-308 shall be awarded beyond four 218
	286	+	years from the date of the qualifying event that formed the basis for the 219
	287	+	personal injury. The weekly benefits received by an [officer or a 220
	288	+	firefighter] eligible individual pursuant to section 31-307 or subsection 221
	289	+	(a) of section 31-308, when combined with other benefits including, but 222
	290	+	not limited to, contributory and noncontributory retirement benefits, 223
	291	+	Social Security benefits, benefits under a long-term or short-term 224
	292	+	disability plan, but not including payments for medical care, shall not 225
	293	+	exceed the average weekly wage paid to such [officer or firefighter] 226
	294	+	eligible individual. An [officer or firefighter] eligible individual 227
	295	+	receiving benefits pursuant to this subsection shall not be entitled to 228
	296	+	benefits pursuant to subsection (b) of section 31-308 or section 31-308a. 229
	297	+	This act shall take effect as follows and shall amend the following
	298	+	sections:
	299	+
	300	+	Section 1 from passage 31-275(16) Committee Bill No. 660
	301	+
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	306	+
	307	+	Sec. 2 from passage 31-294k
	308	+
	309	+	LAB Joint Favorable
	310	+	APP Joint Favorable
272	311