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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2276 By: West (Josh)
AS INTRODUCED
An Act relating to Workers ' Compensation; amending
Section 13, Chapter 208, O.S.L. 2013 (85A O.S. Supp.
2020, Section 13), which relates to m ental injury or
illness; modifying situations in which mental injury
or illness is a compensable injury; amending 85 O.S.
2011, Section 380, as amended by Section 45, Chapter
254, O.S.L. 2013 (85 O.S. Supp. 2020, Section 380),
which relates to volunteer fi refighters group
insurance; modifying references; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 13, Chapter 208, O .S.L.
2013 (85A O.S. Supp. 2020 , Section 13), is amended to read as
follows:
Section 13. A. 1. A mental injury or illness is not a
compensable injury unless caused by a physical injury to the
employee, and shall not be considered an injury arising out of and
in the course and scope of employme nt or compensable unless
demonstrated by a preponderance of the evidence; provided, however,
that this physical injury limitation shall not apply to any victim
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of a crime of violence or to a law enforcement officer, firefighter,
or emergency medical techni cian on a full-time basis by a
municipality, county, or the State of Oklahoma, or a volunteer
firefighter who suffers post traumatic stress disorder, as defined
herein, while responding to an emergency. For the purpose of this
section, such employee shal l be referred to as a first responder .
2. No mental injury or illness under this section shall be
compensable unless it is also diagnosed by a licensed psychiatrist
or psychologist and unless the diagnosis of the condition meets the
criteria established i n the most current issue Fourth Edition of the
Diagnostic and Statistical Manual of Mental Disorders.
B. 1. Notwithstanding any other provision of this act, where
a claim is for mental injury or illness, the employee shall be
limited to twenty-six (26) weeks of disability benefits unless it is
shown by clear and convincing evidence that benefits should continue
for a set period of time, not to exceed a total of fifty -two (52)
weeks. If the treating physician is of the opinion that the first
responder is temporarily unable to perform his or her job or any
alternative work offered by the employer, he or she shall be
entitled to receive compensation which is the greater of the weekly
benefit provided for in a collective bargaining agreement or
according to the policy of the employer, or seventy percent (70%) of
the injured employee's average weekly wage not to exceed the state
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average weekly wage. In no event shall disability benefits extend
beyond fifty-two (52) weeks.
2. a. In cases where death results d irectly from the mental
injury or illness within a period of one (1) year,
compensation shall be paid the dependents as provided
in other death cases under this act.
b. Death directly or indirectly related to the mental
injury or illness occurring one (1) year or more from
the incident resulting in the mental injury or illness
shall not be a compensable injury.
C. 1. In the event the Workers’ Compensation Commission finds
that a first responder has suffered post traumatic stress disorder
not accompanied by a physical injury, as defined herein, the
employer shall provide reasonable and necessary medical treatment
for such injury, subject to the Oklahoma Workers' Compensation Fee
Schedule, for a period of no longer than one (1) year. The employer
shall not be responsible for medical treatment in the form of
prescription medicine in excess of Ten Thousand Dollars
($10,000.00).
2. During any period in which a first responder is temporarily
unable to perform his or her job, the employer shall pay to maintain
health insurance coverage for the first responder, if such health
insurance was in effect on the date of the injury.
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D. "Post traumatic stress disorder", for the purpose of this
section, means an injury or condition in which a first responder has
been exposed to a traumatic event and:
1. Has experienced, witnessed, or was confronted with an event
that involved actual or threatened death or serious injury, or a
threat to the physical integrity of others, and the response
involved fear, helplessness, or hor ror;
2. The traumatic event is persistently re -experienced in one
or more of the following ways;
a. recurrent and intrusive distressing recollections of
the event,
b. recurrent distressing dreams,
c. acting or feeling as if the traumatic event were
recurring,
d. intense psychological distress at exposure to cues
that symbolize an aspect of the traumatic event, or
e. physiological reactivity on exposure to cues that
symbolize an aspect of the traumatic event; and
3. Persistent avoidance of stimuli associate d with the trauma
and numbing of general responsiveness such as effo rts to avoid
thoughts, feelings or conversations associated with the trauma,
markedly diminished interest or participation in significant
activities, or a feeling of detachm ent or estrangement from others;
and
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4. Persistent symptoms of increased arousal such as difficulty
falling or staying asleep, irritability or outbursts of anger,
difficulty concentrating, or hypervigilance;
5. The duration of the disturbance is more than one (1) month;
and
6. The disturbance causes clinically significant distress or
impairment in social, occupational and other important areas of
functioning.
E. "Volunteer firefighter ", for the purpose of this section,
means a person who is enrolled as a member of a v olunteer fire
department with two or less salaried firefighters and who serves in
such capacity without receiving a regular salary.
F. Emergency medical technician, for the purpose of this
section, means a person who holds a license as an emergency medica l
technician, an intermediate or advanced emergency medical
technician, or a paramedic, such license issued by the Oklahoma
State Department of Health to perform emergency medical services in
accordance with the Oklahoma Emergency Response Systems Developm ent
Act and the rules and standards promulgated by the State
Commissioner of Health.
SECTION 2. AMENDATORY 85 O.S. 2011, Section 380, as
amended by Section 45, Chapter 254, O.S.L. 2013 (85 O.S. Supp. 2020,
Section 380), is amended to read as follows:
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Section 380. A. 1. Volunteer fire departments organized
pursuant to state law may obtain workers' compensation insurance for
volunteer firefighters through the Volunteer Firefighter Group
Insurance Pool pursuant to requirements esta blished by CompSource
Mutual Insurance Company the Office of Management and Enterprise
Services which shall administer the Pool. For the premium set by
CompSource Mutual Insurance Company the Office of Management and
Enterprise Services, the state shall provide Fifty-five Dollars
($55.00) per firefighter per year. Except as otherwise provided by
subsection D of this section, the total amount paid by the state
shall not exceed Three Hundred Twenty Thousand Three Hundred Thirty -
eight Dollars ($320,338.00) p er year or so much thereof as may be
necessary to fund the Volunteer Firefighter Group Insurance Pool.
2. CompSource Mutual Insurance Company The Office of Management
and Enterprise Services shall collect the premium from state
agencies, public trusts and other instrumentalities of the state.
Any funds received by CompSource Mutual Insurance Company the Office
of Management and Enterprise Services from any state agency, public
trust, or other instrumentality for purposes of workers'
compensation insurance pursuant to this section shall be deposited
to the credit of the Volunteer Firefighter Group Insurance Pool.
CompSource Mutual Insurance Company The Office of Management and
Enterprise Services shall collect premiums, pay claims, and provide
for excess insurance as needed.
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B. CompSource Mutual Insurance Company The Office of Management
and Enterprise Services shall report, annually, to the Governor, the
Speaker of the Oklahoma House of Representatives, and the President
Pro Tempore of the State Senate th e number of enrollees in the
Volunteer Firefighter Group Insurance Pool, and the amount of any
anticipated surplus or deficiency of the Pool; and shall also
provide to the Governor, the Speaker of the Oklahoma House of
Representatives and the President Pro Tempore of the State Senate
sixty (60) days advance notice of any proposed change in rates for
the Volunteer Firefighter Group Insurance Pool.
C. The amount of claims paid, claim expenses, underwriting
losses, loss ratio, or any other financial aspect of the Volunteer
Firefighter Group Insurance Pool shall not be considered when
determining or considering bids for the amount of any premiums,
rates, or expenses owed by, or any discounts, rebates, dividends, or
other financial benefits owed to any other pol icyholder of
CompSource Mutual Insurance Company the Office of Management and
Enterprise Services.
D. Except as otherwise provided by law, any increase in the
state payment rate for volunteer firefighters under the Volunteer
Firefighter Group Insurance Po ol shall not exceed five percent (5%)
per annum. Any proposed change in rates for the Volunteer
Firefighter Group Insurance Pool must be approved by the Board of
Directors of CompSource Mutual Insurance Company Office of
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Management and Enterprise Services with notice provided pursuant to
subsection B of this section. CompSource Mutual Insurance Company
The Office of Management and Enterprise Services shall not increase
premiums for the Volunteer Firefighter Group Insurance Pool more
than once per annum.
E. For purposes of this section, the term "volunteer fire
departments" includes those volunteer fire departments which have
authorized voluntary or uncompensated workers rendering services as
firefighters and are created by statute pursuant to Section 592 of
Title 18 of the Oklahoma Statutes, Sections 29 -201 through 29-204 of
Title 11 of the Oklahoma Statutes, and those defined by Section 351
of Title 19 of the Oklahoma Statutes.
SECTION 3. This act shall become effective November 1, 2021 .
58-1-7201 MAH 01/18/21