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SENATE FLOOR VERSION
April 11, 2023
AS AMENDED
ENGROSSED HOUSE
BILL NO. 2398 By: Hays and West (Josh) of the
House
and
Rosino of the Senate
An Act relating to workers' compensation; amending
85A O.S. 2021, Section 13, which relates to certain
injuries related to mental health; providing for
computation of benefits for certain persons;
providing for temporary pension benefits; imposing
limit on total period for disability benefits;
providing for award of permanent total disability
based upon maximum medical improvement; providing for
payment of benefits based on certain injury; imposing
time limit on benefits; imposing limit on employer
responsibility for prescri ption medicine; defining
terms; providing for transfer of payment fo r claims
or increased premiums incurred by cities or towns;
prescribing procedures; providing for termino logy in
official publications; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 85A O.S. 2021, 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 arisin g out of and
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in the course and scope of employment or com pensable unless
demonstrated by a preponderance of the evidence; provided, however,
that this physical injury limitation shall not apply to any victim
of a crime of violence or to a law enforcement o fficer, firefighter,
or emergency medical technician 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 shall be refer red 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 in the most current issue of the Diagnostic and
Statistical Manual of Mental Disorders.
B. 1. Notwithstanding any other pr ovision of this act, where a
claim is for mental injury or illness, the employee shall be limited
to twenty-six (26) weeks of disability benefi ts unless it is shown
by clear and convincing evidence that benefits should continue for a
set period of time, no t to exceed a total of fifty -two (52) weeks.
If the treating physician is of the opin ion that the first responder
is temporarily unable to per form 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 be nefit provided for
in a collective bargai ning agreement or according to the policy of
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the employer, or seventy percent (70%) of the injured employee's
average weekly wage not to exceed the state average weekly wage. If
the employee has a temporary pension benefit available at no
additional cost to the employee and the benefit is equal to or
greater than the temporary award in this system the employer may
elect to exercise the temporary pension benefit. In no event shall
disability benefits extend beyond f ifty-two (52) weeks.
2. Notwithstanding any other provision of this section, a
person who receives benefits provided herein for a mental injury or
illness not caused by a physical injury who, after reaching maximum
medical improvement, is unable to perform the essential functions of
their employment position and who is not eligible to receive a
disability retirement through their pension or retirement system
shall be eligible to be awarded permanent disability benefits not to
exceed Fifty Thousand Dollars ($50,000.00) as provided for in this
act.
3. a. In cases where death results directly from the mental
injury or illness within a period of one (1) y ear,
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 illne ss
shall not be a compensable injury.
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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 rea sonable 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 responsibl e 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 em ployer shall pay to maintain
health insurance coverage for the first responder, if such health
insurance was in effect on the date of the injury.
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 trau matic event and:
1. Has experienced, witnessed, or was c onfronted 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 horror;
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,
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b. recurrent distressing dreams,
c. acting or feeling as if th e 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;
3. Persistent avoidance of stimuli associated with the trauma
and numbing of general responsiveness such as efforts to avoid
thoughts, feelings or conversations associated with the trauma,
markedly diminished interest or participation in significant
activities, or a feeling of detachment or estrangement from others;
4. Persistent symptoms of increased arousal suc h as difficulty
falling or staying asleep, irritability or outbursts of anger,
difficulty concentrating, or hypervigilance;
5. The duration of the disturbance is m ore 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 enrol led as a member of a volunteer fire
department with two or less salaried firefighters and wh o serves in
such capacity without receiving a regular salary.
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F. "Emergency medical technician ", for the purpose of this
section, means a person who holds a licens e as an emergency medical
technician, an intermediate or advanced emergency medical
technician, or a paramedic, such license issued by the State
Department of Health to perform emergency medical services in
accordance with the Oklahoma Emergency Response S ystems Development
Act and the rules and standards promulgated by the State
Commissioner of Health.
G. In the event that a public safety protection district is
established pursuant to the provisions of Section 29 -151 of Title 11
of the Oklahoma Statutes, a city or town in such a district that
incurs a claim relating to post-traumatic stress disorder may , at
the city or town's option, transfer the payment of all or any
portion of the claim or increased workers' compensation premiums to
the judgment rolls of the geographic area or areas serviced by the
department of the injured worker and shall be listed on official
publications as "First Responder PTSD".
SECTION 2. This act shall become effective January 1, 2024.
COMMITTEE REPORT BY: COMMITT EE ON RETIREMENT AND INSURANCE
April 11, 2023 - DO PASS AS AMENDED