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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 655 By: Thompson
AS INTRODUCED
An Act relating to workers’ compensation; amending 85
O.S. 2011, Section 380, as ame nded by Section 45,
Chapter 254, O.S.L. 2013 (85 O. S. Supp. 2020, Section
380), which relates to Volunteer Firefighters Group
Insurance Pool; modifying entity to administ er
certain insurance pool; conforming languag e; amending
Section 13, Chapter 208, O.S.L. 2013 (85A O.S. Supp.
2020, Section 13), which re lates to mental injury or
illness; adding exception to physical injury
limitation on compensable injury; requiring employer
to provide medical treatment under certa in
circumstances; placing a limitation on employer
responsibility for certain medication; re quiring
certain compensation; requiring ma intenance of health
insurance coverage under certain circumstances;
defining terms; updating statutory references; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. 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 ame nded to read as follows:
Section 380. A. 1. Volunteer fire departments organized
pursuant to state law may obtain workers ’ compensation insurance for
volunteer firefighters through the Volunteer Firefighter Grou p
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Insurance Pool pursuant to requirements establish ed by CompSource
Mutual Insurance Company the Office of Management and Enterpri se
Services (OMES) which shall administer the Pool. For the premium
set by CompSource Mutual Insurance Company OMES, the state shall
provide Fifty-five Dollars ($55.00) per f irefighter per year.
Except as otherwise provided by subsection D of this sectio n, the
total amount paid by the state shall not exceed Three Hundred Twenty
Thousand Three Hundred Thirty-eight Dollars ($320,338.00) per year
or so much thereof as may be nec essary to fund the Volunteer
Firefighter Group Insurance Pool.
2. CompSource Mutual Insurance Company OMES shall collect the
premium from state agencies, public trust s and other
instrumentalities of the state. Any funds received by CompSource
Mutual Insurance Company OMES from any state agency, public trust,
or other instrumentality for purposes of workers ’ compensation
insurance pursuant to this section shall be depo sited to the credit
of the Volunteer Firefighter Group Insurance Pool. CompSource
Mutual Insurance Company OMES shall collect premiums, pay claims,
and provide for exces s insurance as needed.
B. CompSource Mutual Insurance Company OMES shall report,
annually, to the Governor, the Speaker of the Oklahoma House of
Representatives, and the Pres ident Pro Tempore of the Sta te Senate
the number of enrollees in the Volunteer Fi refighter Group Insurance
Pool, and the amount of any anticipated surplus or deficienc y of the
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Pool; and shall also provide to the Governor, the Speaker of the
Oklahoma House of Representatives and the P resident Pro Tempore of
the State Senate sixty (60) d ays 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 financi al aspect of the Volunteer
Firefighter Group Insuranc e 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 a ny other policyholder of
CompSource Mutual Insurance Company OMES.
D. Except as otherwise provided by law, any increase in the
state payment rate for volunteer firefighters under the Volunteer
Firefighter Group Insurance Pool s hall not exceed five percent (5%)
per annum. Any proposed change in rates for th e Volunteer
Firefighter Group Insurance Pool must be approved by the Board of
Directors of CompSource Mutual Insurance Company OMES with notice
provided pursuant to subsection B of this section. CompSource
Mutual Insurance Company OMES 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 whi ch have
authorized voluntary or uncompensated workers rendering services as
firefighters and are created by statute pursuant to Section 592 of
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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 S tatutes.
SECTION 2. 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 phy sical injury to the
employee, and shall not be considered an injury arising out of and
in the course and scope of employment or compensable unless
demonstrated by a preponderance of the evidence; provided, however,
that this physical injury limitation shal l not apply to any victim
of a crime of violence or to a first responder who suffers post-
traumatic stress disorder after responding to a n emergency.
2. No mental injury or illness under this section sh all be
compensable unless it is also diagnosed by a l icensed psychiatrist
or psychologist and unless the diagnosis of the condit ion meets the
criteria established in the most current issue Fourth Edition of the
Diagnostic and Statistical Manual of Mental D isorders.
B. 1. Notwithstanding any other provision of this act the
Administrative Workers ’ Compensation 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
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and convincing evidence that benefits should continue for a set
period of time, not to exceed a total of fifty -two (52) weeks.
2. a. In cases where death results directly from the mental
injury or illness within a period of one (1) year,
compensation shall be paid the depe ndents as provided
in other death cases under this act the Administrative
Workers’ Compensation Act.
b. Death directly or indirectly related to the mental
injury or illness occurring one (1) year or more from
the incident resultin g in the mental injury or illness
shall not be a compensable injury.
C. 1. In the event the Workers’ Compensation Commission
determines that a first responder has suffered post -traumatic stress
disorder not accompanied by a physical injury, the employer shall
provide reasonable and necessary medical treatment for such injury
subject to the Fee Schedule for workers ’ compensation for a period
not to exceed one (1) year. The employer shall not be responsible
for medical treatment in the form o f prescription medication in
excess of Ten Thousand Do llars ($10,000.00).
2. If the treating physician determines that the firs t
responder is temporarily una ble 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:
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a. the weekly benefit provided for in a collective
bargaining agreement or according to the pol icy of the
employer, or
b. seventy percent (70%) of the injured employee ’s
average weekly wage not to exceed the stat e average
weekly wage.
In no event shall disability b enefits extend beyond fifty -two
(52) weeks.
3. 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 the insurance
was in effect on the date of the injury.
D. 1. For the purposes of this section:
a. “First responder” means a firefighter, law enforcement
officer or licensed emergency medical personnel
employed on a full-time basis by this state or a
political subdivision of this state, or a volunteer
firefighter,
b. “Law enforcement officer” means any officer, agent or
employee of this state or a political subdivision of
this state authorized by law or by a government agency
to engage in or supervise the prevention, detection or
investigation of any violation of criminal law ,
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c. “Licensed emergency medical personnel” means an
emergency medical technician (EMT), an intermediate
emergency medical technician (IEMT), an advanced
emergency medical technician (AEMT) or a paramedic
licensed by the State Department of Health to perform
emergency medical ser vices in accordance with the
Oklahoma Emergency Response Systems Development Act
and the rules and standards promulgated by the State
Commissioner of Health ,
d. “Post-Traumatic Stress Disorder” 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 threatene d death
or serious injury, or a threat to the physical
integrity of others, and the response involved
fear, helplessness or horror,
(2) the traumatic event is persistently reexperienced
in one or more of the following :
(a) recurrent and intrusive distress ing
recollections of the event ,
(b) recurrent distressing dreams,
(c) acting or feeling as if the traumatic event
were recurring,
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(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,
(3) experiences persistent avoidance of sti muli
associated with the trauma and numbing of general
responsiveness such as efforts to avoid thoughts,
feelings or conversations asso ciated with the
trauma, markedly diminished interest o r
participation in significant activities or a
feeling of detachment or estrangement from
others,
(4) experiences 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
month, and
(6) the disturbance causes clinically significant
distress or impairment in social, occupational
and other important areas of functioning , and
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e. “Volunteer firefighte r” means a person who is enrolled
as a member of a fire depar tment with two or less
salaried firefighters and who serves withou t receiving
a regular salary.
SECTION 3. This act shall become effective November 1, 20 21.
58-1-1100 TEK 1/21/2021 10:13:51 AM