Connecticut 2022 Regular Session

Connecticut Senate Bill SB00321 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00321-~~R02~~-
	3	+	LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00321-R01-
4	4		SB.docx
5	5		1 of 8
6	6
7	7		General Assembly Substitute Bill No. 321
8	8		February Session, 2022
9	9
10	10
11	11
12	12
13	13
14	14		AN ACT EXPANDING WORKERS' COMPENSATION COVERAGE FOR
15	15		POST-TRAUMATIC STRESS INJURIES FOR ALL EMPLOYEES.
16	16		Be it enacted by the Senate and House of Representatives in General
17	17		Assembly convened:
18	18
19	19		Section 1. Section 31-294k of the 2022 supplement to the general 1
20	20		statutes is repealed and the following is substituted in lieu thereof 2
21	21		(Effective January 1, 2023): 3
22	22		(a) As used in this section: 4
23	23		(1) "COVID-19" means the respiratory disease designated by the 5
24	24		World Health Organization on February 11, 2020, as coronavirus 2019, 6
25	25		and any related mutation thereof recognized by the World Health 7
26	26		Organization as a communicable respiratory disease; 8
27	27		(2) "Eligible individual" means a police officer, firefighter, emergency 9
28	28		medical services personnel, Department of Correction employee, 10
29	29		telecommunicator or health care provider and on or after January 1, 11
30	30		2023, an employee, as defined in section 31-275; 12
31	31		(3) "Emergency medical services personnel" has the same meaning as 13
32	32		provided in section 20-206jj; 14
33	33		(4) "Firefighter" has the same meaning as provided in section 7-313g; 15 Substitute Bill No. 321
34	34
35	35
36	36		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00321-
37		-	~~R02~~-SB.docx }
	37	+	R01-SB.docx }
38	38		2 of 8
39	39
40	40		(5) "Health care provider" means (A) a person employed at a doctor's 16
41	41		office, hospital, health care center, clinic, medical school, local health 17
42	42		department or agency, nursing facility, retirement facility, nursing 18
43	43		home, group home, home health care provider, any facility that 19
44	44		performs laboratory or medical testing, pharmacy or any similar 20
45	45		institution, or (B) a person employed to provide personal care 21
46	46		assistance, as defined in section 17b-706, in or about a private dwelling, 22
47	47		provided such person is regularly employed by the owner or occupier 23
48	48		of the dwelling for more than twenty-six hours per week; 24
49	49		(6) "In the line of duty" means any action that an eligible individual 25
50	50		is obligated or authorized by law, rule, regulation or written condition 26
51	51		of employment service to perform, or for which the eligible individual 27
52	52		is compensated by the public entity such individual serves, except that, 28
53	53		in the case of a volunteer firefighter, such action or service constitutes 29
54	54		fire duties, as defined in subsection (b) of section 7-314b; 30
55	55		(7) "Mental health professional" means a board-certified psychiatrist 31
56	56		or a psychologist licensed pursuant to chapter 383, who has experience 32
57	57		diagnosing and treating post-traumatic stress injury; 33
58	58		(8) "Parole officer" means an employee of the Department of 34
59	59		Correction who supervises inmates in the community after their release 35
60	60		from prison on parole or under another prison release program; 36
61	61		(9) "Police officer" has the same meaning as provided in section 7-37
62	62		294a, except that "police officer" does not include an officer of a law 38
63	63		enforcement unit of the Mashantucket Pequot Tribe or the Mohegan 39
64	64		Tribe of Indians of Connecticut; 40
65	65		(10) "Post-traumatic stress injury" means an injury that meets the 41
66	66		diagnostic criteria for post-traumatic stress disorder as specified in the 42
67	67		most recent edition of the American Psychiatric Association's 43
68	68		"Diagnostic and Statistical Manual of Mental Disorders"; 44
69	69		(11) "Qualifying event" means: 45 Substitute Bill No. 321
70	70
71	71
72	72		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00321-
73		-	~~R02~~-SB.docx }
	73	+	R01-SB.docx }
74	74		3 of 8
75	75
76	76		(A) An event occurring in the line of duty on or after July 1, 2019, in 46
77	77		which a police officer, parole officer, firefighter, emergency medical 47
78	78		services personnel, Department of Correction employee or 48
79	79		telecommunicator: 49
80	80		(i) Views a deceased minor; 50
81	81		(ii) Witnesses the death of a person or an incident involving the death 51
82	82		of a person; 52
83	83		(iii) Witnesses an injury to a person who subsequently dies before or 53
84	84		upon admission at a hospital as a result of the injury and not as a result 54
85	85		of any other intervening cause; 55
86	86		(iv) Has physical contact with and treats an injured person who 56
87	87		subsequently dies before or upon admission at a hospital as a result of 57
88	88		the injury and not as a result of any other intervening cause; 58
89	89		(v) Carries an injured person who subsequently dies before or upon 59
90	90		admission at a hospital as a result of the injury and not as a result of any 60
91	91		other intervening cause; or 61
92	92		(vi) Witnesses a traumatic physical injury that results in the loss of a 62
93	93		vital body part or a vital body function that results in permanent 63
94	94		disfigurement of the victim; [, or] 64
95	95		(B) An event arising out of and in the course of employment on or 65
96	96		after March 10, 2020, in which an eligible individual who is a health care 66
97	97		provider is engaged in activities substantially dedicated to mitigating or 67
98	98		responding to the public health and civil preparedness emergencies 68
99	99		declared by the Governor on March 10, 2020, or any extension of such 69
100	100		emergency declarations; [,] and: 70
101	101		(i) Witnesses the death of a person due to COVID-19 or due to 71
102	102		symptoms that were later diagnosed as COVID-19; 72
103	103		(ii) Witnesses an injury to a person who subsequently dies as a result 73 Substitute Bill No. 321
104	104
105	105
106	106		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00321-
107		-	~~R02~~-SB.docx }
	107	+	R01-SB.docx }
108	108		4 of 8
109	109
110	110		of COVID-19 or due to symptoms that were later diagnosed as COVID-74
111	111		19; 75
112	112		(iii) Has physical contact with and treats or provides care for a person 76
113	113		who subsequently dies as a result of COVID-19 or due to symptoms that 77
114	114		were later diagnosed as COVID-19; or 78
115	115		(iv) Witnesses a traumatic physical injury that results in the loss of a 79
116	116		vital body function of a person due to COVID-19 or due to symptoms 80
117	117		that were later diagnosed as COVID-19; or 81
118	118		(C) An event arising out of and in the course of employment on or 82
119	119		after January 1, 2023, in which an eligible individual: 83
120	120		(i) Views a deceased minor; 84
121	121		(ii) Witnesses the death of a person or an incident involving the death 85
122	122		of a person; 86
123	123		(iii) Witnesses an injury to a person who subsequently dies before or 87
124	124		upon admission at a hospital as a result of the injury and not as a result 88
125	125		of any other intervening cause; 89
126	126		(iv) Has physical contact with and treats an injured person who 90
127	127		subsequently dies before or upon admission at a hospital as a result of 91
128	128		the injury and not as a result of any other intervening cause; 92
129	129		(v) Carries an injured person who subsequently dies before or upon 93
130	130		admission at a hospital as a result of the injury and not as a result of any 94
131	131		other intervening cause; or 95
132	132		(vi) Witnesses a traumatic physical injury that results in the loss of a 96
133	133		vital body part or a vital body function that results in permanent 97
134	134		disfigurement of the victim; 98
135	135		(12) "Telecommunicator" has the same meaning as provided in 99
136	136		section 28-30; and 100 Substitute Bill No. 321
137	137
138	138
139	139		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00321-
140		-	~~R02~~-SB.docx }
	140	+	R01-SB.docx }
141	141		5 of 8
142	142
143	143		(13) "Witnesses" means, for an eligible individual who is a 101
144	144		telecommunicator, hears by telephone or radio while directly 102
145	145		responding to an emergency call that constitutes a qualifying event 103
146	146		under this section and providing a dispatch assignment. 104
147	147		(b) A diagnosis of post-traumatic stress injury is compensable as a 105
148	148		personal injury as described in subparagraph (B)(ii)(III) of subdivision 106
149	149		(16) of section 31-275 if a mental health professional examines the 107
150	150		eligible individual and diagnoses the individual with a post-traumatic 108
151	151		stress injury as a direct result of a qualifying event, provided (1) the 109
152	152		post-traumatic stress injury resulted from (A) the eligible individual 110
153	153		acting in the line of duty if such individual is a police officer, firefighter, 111
154	154		emergency medical services personnel, Department of Correction 112
155	155		employee or telecommunicator and, in the case of a firefighter, such 113
156	156		firefighter complied with Federal Occupational Safety and Health Act 114
157	157		standards adopted pursuant to 29 CFR 1910.134 and 29 CFR 1910.156, 115
158	158		or (B) the eligible individual acting in the course of employment if such 116
159	159		individual is a health care provider or other employee, on or after 117
160	160		January 1, 2023, (2) a qualifying event was a substantial factor in causing 118
161	161		the injury, and (3) the post-traumatic stress injury did not result from 119
162	162		any disciplinary action, work evaluation, job transfer, layoff, demotion, 120
163	163		promotion, termination, retirement or similar action of the eligible 121
164	164		individual. Any such mental health professional shall comply with any 122
165	165		workers' compensation guidelines for approved medical providers, 123
166	166		including, but not limited to, guidelines on release of past or 124
167	167		contemporaneous medical records. 125
168	168		(c) Whenever liability to pay compensation is contested by the 126
169	169		employer, the employer shall file with the commissioner, on or before 127
170	170		the twenty-eighth day after the employer has received a written notice 128
171	171		of claim, a notice in accordance with a form prescribed by the 129
172	172		chairperson of the Workers' Compensation Commission stating that the 130
173	173		right to compensation is contested, the name of the claimant, the name 131
174	174		of the employer, the date of the alleged injury and the specific grounds 132
175	175		on which the right to compensation is contested. The employer shall 133 Substitute Bill No. 321
176	176
177	177
178	178		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00321-
179		-	~~R02~~-SB.docx }
	179	+	R01-SB.docx }
180	180		6 of 8
181	181
182	182		send a copy of the notice to the employee in accordance with section 31-134
183	183		321. If the employer or the employer's legal representative fails to file 135
184	184		the notice contesting liability on or before the twenty-eighth day after 136
185	185		receiving the written notice of claim, the employer shall commence 137
186	186		payment of compensation for such injury on or before the twenty-eighth 138
187	187		day after receiving the written notice of claim, but the employer may 139
188	188		contest the employee's right to receive compensation on any grounds or 140
189	189		the extent of the employee's disability within one hundred eighty days 141
190	190		from the receipt of the written notice of claim and any benefits paid 142
191	191		during the one hundred eighty days shall be considered payments 143
192	192		without prejudice, provided the employer shall not be required to 144
193	193		commence payment of compensation when the written notice of claim 145
194	194		has not been properly served in accordance with section 31-321 or when 146
195	195		the written notice of claim fails to include a warning that the employer 147
196	196		(1) if the employer has commenced payment for the alleged injury on or 148
197	197		before the twenty-eighth day after receiving a written notice of claim, 149
198	198		shall be precluded from contesting liability unless a notice contesting 150
199	199		liability is filed within one hundred eighty days from the receipt of the 151
200	200		written notice of claim, and (2) shall be conclusively presumed to have 152
201	201		accepted the compensability of the alleged injury unless the employer 153
202	202		either files a notice contesting liability on or before the twenty-eighth 154
203	203		day after receiving a written notice of claim or commences payment for 155
204	204		the alleged injury on or before such twenty-eighth day. An employer 156
205	205		shall be entitled, if the employer prevails, to reimbursement from the 157
206	206		claimant of any compensation paid by the employer on and after the 158
207	207		date the commissioner receives written notice from the employer or the 159
208	208		employer's legal representative, in accordance with the form prescribed 160
209	209		by the chairperson of the Workers' Compensation Commission, stating 161
210	210		that the right to compensation is contested. Notwithstanding the 162
211	211		provisions of this subsection, an employer who fails to contest liability 163
212	212		for an alleged injury on or before the twenty-eighth day after receiving 164
213	213		a written notice of claim and who fails to commence payment for the 165
214	214		alleged injury on or before such twenty-eighth day, shall be conclusively 166
215	215		presumed to have accepted the compensability of the alleged injury. If 167
216	216		an employer has opted to post an address of where notice of a claim for 168 Substitute Bill No. 321
217	217
218	218
219	219		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00321-
220		-	~~R02~~-SB.docx }
	220	+	R01-SB.docx }
221	221		7 of 8
222	222
223	223		compensation by an employee shall be sent, as described in subsection 169
224	224		(a) of section 31-294c, the twenty-eight-day period set forth in this 170
225	225		subsection shall begin on the date when such employer receives written 171
226	226		notice of a claim for compensation at such posted address. 172
227	227		(d) Notwithstanding any provision of this chapter, workers' 173
228	228		compensation benefits for any eligible individual for a personal injury 174
229	229		described in subparagraph (B)(ii)(III) of subdivision (16) of section 31-175
230	230		275 shall (1) include any combination of medical treatment prescribed 176
231	231		by a board-certified psychiatrist or a licensed psychologist, temporary 177
232	232		total incapacity benefits under section 31-307 and temporary partial 178
233	233		incapacity benefits under subsection (a) of section 31-308, and (2) be 179
234	234		provided for a maximum of fifty-two weeks from the date of diagnosis. 180
235	235		No medical treatment, temporary total incapacity benefits under section 181
236	236		31-307 or temporary partial incapacity benefits under subsection (a) of 182
237	237		section 31-308 shall be awarded beyond four years from the date of the 183
238	238		qualifying event that formed the basis for the personal injury. The 184
239	239		weekly benefits received by an eligible individual pursuant to section 185
240	240		31-307 or subsection (a) of section 31-308, when combined with other 186
241	241		benefits including, but not limited to, contributory and noncontributory 187
242	242		retirement benefits, Social Security benefits, benefits under a long-term 188
243	243		or short-term disability plan, but not including payments for medical 189
244	244		care, shall not exceed the average weekly wage paid to such eligible 190
245	245		individual. An eligible individual receiving benefits pursuant to this 191
246	246		subsection shall not be entitled to benefits pursuant to subsection (b) of 192
247	247		section 31-308 or section 31-308a. 193
248	248		This act shall take effect as follows and shall amend the following
249	249		sections:
250	250
251	251		Section 1 January 1, 2023 31-294k
252	252
253		-
254		-	LAB Joint Favorable Subst.
255		-	APP Joint Favorable Substitute Bill No. 321
	253	+	Statement of Legislative Commissioners:
	254	+	In Section 1(a)(11)(A)(vi) "or" was bracketed for clarity and in Section
	255	+	1(a)(11)(C)(iv) "at a hospital" was added for clarity and consistency with
	256	+	other provisions of the section.
	257	+	Substitute Bill No. 321
256	258
257	259
258	260		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00321-
259		-	~~R02~~-SB.docx }
	261	+	R01-SB.docx }
260	262		8 of 8
261	263
	264	+	LAB Joint Favorable Subst.
262	265