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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 1457 By: Treat, Rosino, and Weaver
of the Senate
and
Kannady of the House
[ workers’ compensation - mental-health related
injuries - benefits - insurance coverage - payment -
effective date ]
AUTHOR: Add the following House Coauthor s: Harris, Hays and Swope
AUTHOR: Add the following Senate Coauthor: Hall
AMENDMENT NO. 1. Strike the stricken title, enacting clause, and
entire bill and insert:
"An Act relating to workers’ c ompensation; amending
85A O.S. 2021, Section 13, which relates to mental -
health-related injuries; exempting first responders
from physical injury requirement for certain c laim;
providing for computati on of benefits for certain
persons; providing for tempor ary pension benefits;
imposing limits on total period of disability
benefits; providing for award of permanent total
disability based upon maximum medical improvement;
providing for payment of benefit s based on certain
injury; imposing time limit on benefi ts; imposing
limit on employer responsibility for certain medical
benefits; requiring employer to maintain health
insurance coverage under certain circumstance;
providing that payment of certain claim s be made
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through certain pool; defining terms; updating
statutory references; and providing an effective
date.
BE IT ENACTED BY THE PE OPLE 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 injur y 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 employment or compensabl e unless
demonstrated by a preponderance of the evidenc e; provided, however,
that this physical injury limitat ion shall not apply to any vi ctim
of a crime of violence , a law enforcement officer, paid or volunteer
firefighter, or emergency medical technicia n employed on a full-time
basis by a municipality, coun ty, or this state, or a volunteer
firefighter, who suffers post-traumatic stress diso rder, as defined
in subsection E of this section, while responding to an emergency.
For the purposes of this section , such employee shall be referred to
as a first responder.
2. No mental injury or illness under this section shall be
compensable unless i t is also diagnosed by a licensed psychiatrist
or psychologist and unless the diagnosis of the condition meets the
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criteria established in the most current issue of the Di agnostic and
Statistical Manual of Mental Disorders.
B. 1. Notwithstanding any othe r 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
and convincing evidence that bene fits 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 emplo yer, 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 p olicy of
the employer, or seventy percent (70%) of the i njured employee’s
average weekly wage, not to exceed the state average weekly wage.
If the employee has a temporary pension benefit available at n o
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 fifty -two (52) weeks.
2. Notwithstanding any other provision of this sectio n, a first
responder who receives benefits provided herei n for a mental injury
or illness not accompanied by a physical injury who, after reaching
maximum medical improvement, is unable to perform the es sential
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functions of his or her employment position a nd who is not eligible
to receive a disability retirement through his or her pension or
retirement system shall be eligible to be awarded permanent
disability benefits not to exceed Fifty Thousand Dollar s
($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 o f one (1) year,
compensation shall be paid to the dependents 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 mor e from
the incident resulting in the mental injury or illness
shall not be a compensable injury.
C. 1. In the event that the Oklahoma Workers’ Compensation
Commission finds that a first responder has suffered post -traumatic
stress disorder not accompanie d by a physical injury, the employer
shall provide reasonable and necessary medical treatment for such
injury, subject to the Oklahoma Workers’ Compensation Commission’s
Fee Schedule, for a period not longer than one (1) year. The
employer shall not be re sponsible for medical treatment in the form
of prescription medicine in excess of Ten Thousand Dollar s
($10,000.00).
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2. During any period in which a first responder is t emporarily
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.
D. For the purposes of this section, claim payments for
volunteer firefighters shall be paid pursuant to the Volunteer
Firefighter Group Insuran ce Pool.
E. For the purposes of this section :
1. “Post-traumatic stress disorder ” means an injury or
condition in which a first responder has been exposed to a traumati c
event and:
a. has experienced, witnessed, or was confro nted with an
event that involved actual or threatened death or
serious injury, or a threat to the physical integrity
of others, and the response i nvolved fear,
helplessness, or horror ,
b. the traumatic event is persistently re -experienced in
one or more of the following ways:
(1) recurrent and intrusive distressing recollections
of the event,
(2) recurrent distressing dreams,
(3) acting or feeling as if the traumatic event was
recurring,
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(4) intense psychological distress at exposure to
cues that symbolize an aspect of the traumatic
event, or
(5) physiological reactivity on exposure to cues that
symbolize an aspect of the traumatic event ,
c. persistent avoidance of stimuli associated with the
trauma and numbing of general responsiveness such as
efforts to avoid thoughts, feelings, or c onversations
associated with the trauma, markedly diminished
interest or participation in significant activities,
or a feeling of detachment or estrangement from
others,
d. persistent symptoms of increased arousal such as
difficulty falling or staying asle ep, irritability or
outbursts of anger, difficulty concentrating, or
hypervigilance,
e. the duration of the disturban ce is more than one (1)
month, and
f. the disturbance causes clinically significant distress
or impairment in social, occupational, or other
important areas of functioning ;
2. “Volunteer firefighter ” means a person who is enrolled as a
member of a volunteer fire department with two or less salaried
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firefighters and who serves in such capacity without receiving a
regular salary; and
3. “Emergency medical technician ” means a person who holds a
license as an emergency medical technician, an intermediate or
advanced emergency medical technician, or a paramedic, issued by the
State Department of Health to perform emergency medical services in
accordance with the Oklahoma Emergency Response Systems Development
Act and the rules and standards promulgated by the S tate
Commissioner of Health.
SECTION 2. This act shall become effective January 1, 2025. "
Passed the House of Representatives the 25th day of April, 2024.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2024.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 1457 By: Treat, Rosino, and Weaver
of the Senate
and
Kannady of the House
[ workers’ compensation - mental-health related
injuries - benefits - insurance coverage - payment -
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 3. 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 in jury 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 limitat ion shall not apply to any victim
of a crime of violence , a law enforcement officer, paid or volunteer
firefighter, or emergency medical technician employed on a full -time
basis by a municipality, county, or this state, or a voluntary
firefighter who suffers post -traumatic stress disorder, as defined
in subsection E of this section, while responding to an emergency.
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For the purposes of this section, such employee shall 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 in the most current issue of the Diagnostic and
Statistical Manual of Mental Disorders.
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
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 i njured 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
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elect to exercise the temporary pension benefit. In no event shall
disability benefits extend beyond fifty -two (52) weeks.
2. Notwithstanding any other provision of this section, a first
responder who receives benefits provided herei n for a mental injury
or illness not accompanied by a physical injury who, after reaching
maximum medical improvement, is unable to perform the essential
functions of his or her employment position and who is not eligible
to receive a disability retirement through his or her 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) year,
compensation shall be paid to the dependents 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 resulting in the mental injury or illness
shall not be a compensable injury.
C. 1. In the event that the Oklahoma Workers’ Compensation
Commission finds 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
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injury, subject to the Oklahoma Workers ’ Compensation Commission’s
Fee Schedule, for a period not 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 Dollar s
($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.
D. For the purposes of this section, claim payments for
volunteer firefighters shall be paid pursuant to the Volunteer
Firefighter Group Insurance Pool.
E. For the purposes of this section :
1. “Post-traumatic stress disorder ” means an injury or
condition in which a first responder has been exposed to a traumatic
event and:
a. has experienced, witnessed, or was confro nted 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 ,
b. the traumatic event is persistently re -experienced in
one or more of the following w ays:
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(1) recurrent and intrusive distressing recollections
of the event,
(2) recurrent distressing dreams,
(3) acting or feeling as if the traumatic event were
recurring,
(4) intense psychological distress at exposure to
cues that symbolize an aspect of the traumatic
event, or
(5) physiological reactivity on exposure to cues that
symbolize an aspect of the traumatic event ,
c. persistent avoidance of stimuli associated with the
trauma and numbing of general responsiveness such as
efforts to avoid thoughts, f eelings, or conversations
associated with the trauma, markedly diminished
interest or participation in significant activities,
or a feeling of detachment or estrangement from
others,
d. persistent symptoms of increased arousal such as
difficulty falling or staying asleep, irritability or
outbursts of anger, difficulty concentrating, or
hypervigilance,
e. the duration of the disturbance is more than one (1)
month, and
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f. the disturbance causes clinically significant distress
or impairment in social, occupati onal, or other
important areas of functioning ;
2. “Volunteer firefighter ” means a person who is enrolled as a
member of a volunteer fire department with two or less salaried
firefighters and who serves in such capacity without receiving a
regular salary; and
3. “Emergency medical technician ” means a person who holds a
license as an emergency medical technician, an intermediate or
advanced emergency medical technician, or a paramedic, issued by the
State Department of Health to perform emergency medical se rvices in
accordance with the Oklahoma Emergency Response Systems Development
Act and the rules and standards promulgated by the State
Commissioner of Health.
SECTION 4. This act shall become effective January 1, 2025.
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Passed the Senate the 11th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives