OK
Oklahoma Senate Bill SB1457

Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1457 Compare Versions

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4-An Act
5-ENROLLED SENATE
6-BILL NO. 1457 By: Treat, Rosino, Weaver, and
7-Hall of the Senate
28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 1457 By: Treat, Rosino, and Weaver
31+of the Senate
832
933 and
1034
11- Kannady, Harris, Hays, and
12-Swope of the House
35+ Kannady of the House
1336
1437
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17-An Act relating to workers’ compensation; amending
40+[ workers’ compensation - mental-health related
41+injuries - benefits - insurance coverage - payment -
42+effective date ]
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50+AUTHOR: Add the following House Coauthor s: Harris, Hays and Swope
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52+AUTHOR: Add the following Senate Coauthor: Hall
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54+AMENDMENT NO. 1. Strike the stricken title, enacting clause, and
55+entire bill and insert:
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57+
58+
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60+"An Act relating to workers’ c ompensation; amending
1861 85A O.S. 2021, Section 13, which relates to mental -
1962 health-related injuries; exempting first responders
2063 from physical injury requirement for certain c laim;
2164 providing for computati on of benefits for certain
2265 persons; providing for tempor ary pension benefits;
2366 imposing limits on total period of disability
2467 benefits; providing for award of permanent total
2568 disability based upon maximum medical improvement;
2669 providing for payment of benefit s based on certain
2770 injury; imposing time limit on benefi ts; imposing
2871 limit on employer responsibility for certain medical
2972 benefits; requiring employer to maintain health
3073 insurance coverage under certain circumstance;
3174 providing that payment of certain claim s be made
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32101 through certain pool; defining terms; updating
33102 statutory references; and providing an effective
34103 date.
35104
36105
37106
38107
39-SUBJECT: Workers’ compensation
108+
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40110
41111 BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
42-
43112 SECTION 1. AMENDATORY 85A O.S. 2021, Section 13, is
44113 amended to read as follows:
45-
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47-ENR. S. B. NO. 1457 Page 2
48114 Section 13. A. 1. A mental injur y or illness is not a
49115 compensable injury unless caused by a physical injury to the
50116 employee, and shall not be considered an injury arising out of and
51117 in the course and scope of employment or compensabl e unless
52118 demonstrated by a preponderance of the evidenc e; provided, however,
53119 that this physical injury limitat ion shall not apply to any vi ctim
54120 of a crime of violence , a law enforcement officer, paid or volunteer
55121 firefighter, or emergency medical technicia n employed on a full-time
56122 basis by a municipality, coun ty, or this state, or a volunteer
57123 firefighter, who suffers post-traumatic stress diso rder, as defined
58124 in subsection E of this section, while responding to an emergency.
59125 For the purposes of this section , such employee shall be referred to
60126 as a first responder.
61-
62127 2. No mental injury or illness under this section shall be
63128 compensable unless i t is also diagnosed by a licensed psychiatrist
64129 or psychologist and unless the diagnosis of the condition meets the
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65156 criteria established in the most current issue of the Di agnostic and
66157 Statistical Manual of Mental Disorders.
67-
68158 B. 1. Notwithstanding any othe r provision of this act the
69159 Administrative Workers’ Compensation Act , where a claim is for
70160 mental injury or illness, the employee shall be limited to twenty -
71161 six (26) weeks of disability benefits unless it is shown by clear
72162 and convincing evidence that bene fits should continue for a set
73163 period of time, not to exceed a total of fifty -two (52) weeks. If
74164 the treating physician is of the opinion that the first responder is
75165 temporarily unable to perform his or her job or any alternative work
76166 offered by the emplo yer, he or she shall be entitled to receive
77167 compensation which is the greater of the weekly benefit provided for
78168 in a collective bargaining agreement or according to the p olicy of
79169 the employer, or seventy percent (70%) of the i njured employee’s
80170 average weekly wage, not to exceed the state average weekly wage.
81171 If the employee has a temporary pension benefit available at n o
82172 additional cost to the employee and the benefit is equal to or
83173 greater than the temporary award in this system, the employer may
84174 elect to exercise the temporary pension benefit. In no event shall
85175 disability benefits extend beyond fifty -two (52) weeks.
86-
87176 2. Notwithstanding any other provision of this sectio n, a first
88177 responder who receives benefits provided herei n for a mental injury
89178 or illness not accompanied by a physical injury who, after reaching
179+maximum medical improvement, is unable to perform the es sential
90180
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92-maximum medical improvement, is unable to perform the essential
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93206 functions of his or her employment position a nd who is not eligible
94207 to receive a disability retirement through his or her pension or
95208 retirement system shall be eligible to be awarded permanent
96209 disability benefits not to exceed Fifty Thousand Dollar s
97210 ($50,000.00) as provided for in this act.
98-
99211 3. a. In cases where death results directly from the mental
100212 injury or illness within a period o f one (1) year,
101213 compensation shall be paid to the dependents as
102214 provided in other death cases under this act the
103215 Administrative Workers’ Compensation Act.
104-
105216 b. Death directly or indirectly related to the mental
106217 injury or illness occurring one (1) year or mor e from
107218 the incident resulting in the mental injury or illness
108219 shall not be a compensable injury.
109-
110220 C. 1. In the event that the Oklahoma Workers’ Compensation
111221 Commission finds that a first responder has suffered post -traumatic
112222 stress disorder not accompanie d by a physical injury, the employer
113223 shall provide reasonable and necessary medical treatment for such
114224 injury, subject to the Oklahoma Workers’ Compensation Commission’s
115225 Fee Schedule, for a period not longer than one (1) year. The
116226 employer shall not be re sponsible for medical treatment in the form
117227 of prescription medicine in excess of Ten Thousand Dollar s
118228 ($10,000.00).
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120255 2. During any period in which a first responder is t emporarily
121256 unable to perform his or her job, the employer shall pay to maintain
122257 health insurance coverage for the first responder, if such health
123258 insurance was in effect on the date of the injury.
124-
125259 D. For the purposes of this section, claim payments for
126260 volunteer firefighters shall be paid pursuant to the Volunteer
127261 Firefighter Group Insuran ce Pool.
128-
129262 E. For the purposes of this section :
130-
131263 1. “Post-traumatic stress disorder ” means an injury or
132264 condition in which a first responder has been exposed to a traumati c
133265 event and:
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137266 a. has experienced, witnessed, or was confro nted with an
138267 event that involved actual or threatened death or
139268 serious injury, or a threat to the physical integrity
140269 of others, and the response i nvolved fear,
141270 helplessness, or horror ,
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143271 b. the traumatic event is persistently re -experienced in
144272 one or more of the following ways:
145-
146273 (1) recurrent and intrusive distressing recollections
147274 of the event,
148-
149275 (2) recurrent distressing dreams,
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151276 (3) acting or feeling as if the traumatic event was
152277 recurring,
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154304 (4) intense psychological distress at exposure to
155305 cues that symbolize an aspect of the traumatic
156306 event, or
157-
158307 (5) physiological reactivity on exposure to cues that
159308 symbolize an aspect of the traumatic event ,
160-
161309 c. persistent avoidance of stimuli associated with the
162310 trauma and numbing of general responsiveness such as
163311 efforts to avoid thoughts, feelings, or c onversations
164312 associated with the trauma, markedly diminished
165313 interest or participation in significant activities,
166314 or a feeling of detachment or estrangement from
167315 others,
168-
169316 d. persistent symptoms of increased arousal such as
170317 difficulty falling or staying asle ep, irritability or
171318 outbursts of anger, difficulty concentrating, or
172319 hypervigilance,
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174320 e. the duration of the disturban ce is more than one (1)
175321 month, and
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179322 f. the disturbance causes clinically significant distress
180323 or impairment in social, occupational, or other
181324 important areas of functioning ;
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183325 2. “Volunteer firefighter ” means a person who is enrolled as a
184326 member of a volunteer fire department with two or less salaried
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185353 firefighters and who serves in such capacity without receiving a
186354 regular salary; and
187-
188355 3. “Emergency medical technician ” means a person who holds a
189356 license as an emergency medical technician, an intermediate or
190357 advanced emergency medical technician, or a paramedic, issued by the
191358 State Department of Health to perform emergency medical services in
192359 accordance with the Oklahoma Emergency Response Systems Development
193360 Act and the rules and standards promulgated by the S tate
194361 Commissioner of Health.
195-
196-SECTION 2. This act shall become ef fective January 1, 2025.
362+SECTION 2. This act shall become effective January 1, 2025. "
363+Passed the House of Representatives the 25th day of April, 2024.
197364
198365
199-ENR. S. B. NO. 1457 Page 6
200-Passed the Senate the 2nd day of May, 2024.
366+
367+
368+
369+Presiding Officer of the House of
370+ Representatives
371+
372+
373+Passed the Senate the ____ day of _______ ___, 2024.
374+
375+
201376
202377
203378
204379 Presiding Officer of the Senate
205380
206381
207-Passed the House of Representatives the 25th day of April, 2024.
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407+ENGROSSED SENATE
408+BILL NO. 1457 By: Treat, Rosino, and Weaver
409+of the Senate
410+
411+ and
412+
413+ Kannady of the House
414+
415+
416+
417+[ workers’ compensation - mental-health related
418+injuries - benefits - insurance coverage - payment -
419+effective date ]
420+
421+
422+
423+
424+
425+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
426+SECTION 3. AMENDATORY 85A O.S. 2021, Section 13, is
427+amended to read as follows:
428+Section 13. A. 1. A mental injury or illness is not a
429+compensable injury unless caused by a physical in jury to the
430+employee, and shall not be considered an injury arising out of and
431+in the course and scope of employment or compensable unless
432+demonstrated by a preponderance of the evidence; provided, however,
433+that this physical injury limitat ion shall not apply to any victim
434+of a crime of violence , a law enforcement officer, paid or volunteer
435+firefighter, or emergency medical technician employed on a full -time
436+basis by a municipality, county, or this state, or a voluntary
437+firefighter who suffers post -traumatic stress disorder, as defined
438+in subsection E of this section, while responding to an emergency.
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465+For the purposes of this section, such employee shall be referred to
466+as a first responder .
467+2. No mental injury or illness under this section shall be
468+compensable unless it is also diagnosed by a licensed psychiatrist
469+or psychologist and unless the diagnosis of the condition meets the
470+criteria established in the most current issue of the Diagnostic and
471+Statistical Manual of Mental Disorders.
472+B. 1. Notwithstanding any other provision of this act the
473+Administrative Workers’ Compensation Act , where a claim is for
474+mental injury or illness, the employee shall be limited to twenty -
475+six (26) weeks of disability benefits unless it is shown by clear
476+and convincing evidence that benefits should continue for a set
477+period of time, not to exceed a total of fifty -two (52) weeks. If
478+the treating physician is of the opinion that the first responder is
479+temporarily unable to perform his or her job or any alternative work
480+offered by the employer, he or she shall be entitled to receive
481+compensation which is the greater of the weekly benefit provided for
482+in a collective bargaining agreement or according to the policy of
483+the employer, or seventy percent (70%) of the i njured employee’s
484+average weekly wage not to exceed the state average weekly wage. If
485+the employee has a temporary pension benefit available at no
486+additional cost to the employee and the benefit is equal to or
487+greater than the temporary award in this system, the employer may
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514+elect to exercise the temporary pension benefit. In no event shall
515+disability benefits extend beyond fifty -two (52) weeks.
516+2. Notwithstanding any other provision of this section, a first
517+responder who receives benefits provided herei n for a mental injury
518+or illness not accompanied by a physical injury who, after reaching
519+maximum medical improvement, is unable to perform the essential
520+functions of his or her employment position and who is not eligible
521+to receive a disability retirement through his or her pension or
522+retirement system shall be eligible to be awarded permanent
523+disability benefits not to exceed Fifty Thousand Dollars
524+($50,000.00) as provided for in this act.
525+3. a. In cases where death results directly from the mental
526+injury or illness within a period of one (1) year,
527+compensation shall be paid to the dependents as
528+provided in other death cases under this act the
529+Administrative Workers ’ Compensation Act.
530+b. Death directly or indirectly related to the mental
531+injury or illness occurring one (1 ) year or more from
532+the incident resulting in the mental injury or illness
533+shall not be a compensable injury.
534+C. 1. In the event that the Oklahoma Workers’ Compensation
535+Commission finds that a first responder has suffered post -traumatic
536+stress disorder not accompanied by a physical injury, the employer
537+shall provide reasonable and necessary medical treatment for such
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564+injury, subject to the Oklahoma Workers ’ Compensation Commission’s
565+Fee Schedule, for a period not longer than one (1) year. The
566+employer shall not be responsible for medical treatment in the form
567+of prescription medicine in excess of Ten Thousand Dollar s
568+($10,000.00).
569+2. During any period in which a first responder is temporarily
570+unable to perform his or her job, the employer shall pay to maintain
571+health insurance coverage for the first responder, if such health
572+insurance was in effect on the date of the injury.
573+D. For the purposes of this section, claim payments for
574+volunteer firefighters shall be paid pursuant to the Volunteer
575+Firefighter Group Insurance Pool.
576+E. For the purposes of this section :
577+1. “Post-traumatic stress disorder ” means an injury or
578+condition in which a first responder has been exposed to a traumatic
579+event and:
580+a. has experienced, witnessed, or was confro nted with an
581+event that involved actual or threatened death or
582+serious injury, or a threat to the physical integrity
583+of others, and the response involved fear,
584+helplessness, or horror ,
585+b. the traumatic event is persistently re -experienced in
586+one or more of the following w ays:
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613+(1) recurrent and intrusive distressing recollections
614+of the event,
615+(2) recurrent distressing dreams,
616+(3) acting or feeling as if the traumatic event were
617+recurring,
618+(4) intense psychological distress at exposure to
619+cues that symbolize an aspect of the traumatic
620+event, or
621+(5) physiological reactivity on exposure to cues that
622+symbolize an aspect of the traumatic event ,
623+c. persistent avoidance of stimuli associated with the
624+trauma and numbing of general responsiveness such as
625+efforts to avoid thoughts, f eelings, or conversations
626+associated with the trauma, markedly diminished
627+interest or participation in significant activities,
628+or a feeling of detachment or estrangement from
629+others,
630+d. persistent symptoms of increased arousal such as
631+difficulty falling or staying asleep, irritability or
632+outbursts of anger, difficulty concentrating, or
633+hypervigilance,
634+e. the duration of the disturbance is more than one (1)
635+month, and
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662+f. the disturbance causes clinically significant distress
663+or impairment in social, occupati onal, or other
664+important areas of functioning ;
665+2. “Volunteer firefighter ” means a person who is enrolled as a
666+member of a volunteer fire department with two or less salaried
667+firefighters and who serves in such capacity without receiving a
668+regular salary; and
669+3. “Emergency medical technician ” means a person who holds a
670+license as an emergency medical technician, an intermediate or
671+advanced emergency medical technician, or a paramedic, issued by the
672+State Department of Health to perform emergency medical se rvices in
673+accordance with the Oklahoma Emergency Response Systems Development
674+Act and the rules and standards promulgated by the State
675+Commissioner of Health.
676+SECTION 4. This act shall become effective January 1, 2025.
677+
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703+Passed the Senate the 11th day of March, 2024.
704+
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706+
707+ Presiding Officer of the Senate
708+
709+
710+Passed the House of Representatives the ____ day of __________,
711+2024.
208712
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211715 Presiding Officer of the House
212716 of Representatives
213717
214-OFFICE OF THE GOVERNOR
215-Received by the Office of the Governor this _______ _____________
216-day of _________________ __, 20_______, at _______ o'clock _______ M.
217-By: _________________________________
218-Approved by the Governor of the State of Oklahoma this _______ __
219-day of ______________ _____, 20_______, at _______ o'clock _______ M.
220718
221- _________________________________
222- Governor of the State of Oklahoma
223-
224-
225-OFFICE OF THE SECRETARY OF STATE
226-Received by the Office of the Secretary of State this _______ ___
227-day of _________________ _, 20 _______, at _______ o'clock _______ M.
228-By: _________________________________