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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1842 By: Lepak
AS INTRODUCED
An Act relating to workers ' compensation; amending
85A O.S. 2021, Section 13, as amended by Section 1,
Chapter 285, O.S.L. 2024 (85A O.S . Supp. 2024,
Section 13), which relates to mental health -related
injuries; directing employer of first responders to
collect service weapon while undergoing treatment;
directing for CLEET certification to be suspended
until the first responder is able to perform their
job; 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, as
amended by Section 1, Chapter 285, O.S.L. 2024 (85A O.S. S upp. 2024,
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 employment or compensable unless
demonstrated by a preponderance of the evidence; provided, however,
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that this physical injury limitation 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 volunteer
firefighter, who suffers post -traumatic stress disorder, 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 it is also diagnosed by a licensed psychiatrist
or psychologist and unless the diag nosis 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 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
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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 pen sion 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 bey ond fifty-two (52) weeks.
2. Notwithstanding any other provision of this sect ion, a first
responder who receives benefits provided herein 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 e xceed 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 ca ses under the Administrative
Workers' Compensation Act.
b. Death directly or indirectly related to the mental
injury or illness occurring one (1) year or more from
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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 s uch
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 Doll ars
($10,000.00).
2. During any period in which a first responder is temporar ily
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.
3. During any period in which the first responder is
temporarily unable to perform his or her job, the employer shall
collect the first responder 's service weapon, and the first
responder's CLEET certification shall be suspended until the firs t
responder is able to perform his or her job.
D. For the purposes of this se ction, claim payments for
volunteer firefighters shall be paid pursuant to the Volunteer
Firefighter Group Insurance Pool.
E. For the purposes of this section:
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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 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 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,
(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 a ssociated with the
trauma and numbing of general responsiveness such as
efforts to avoid thoughts, feelings, or conversations
associated with the trauma, markedly diminished
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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
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
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 State
Commissioner of Health.
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SECTION 2. This act shall become effective November 1, 2025.
60-1-10584 MJ 01/07/25