1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1457 By: Treat
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6 AS INTRODUCED
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7 An Act relating to workers’ compensation; amending
7 85A O.S. 2021, Section 13, which relates to mental-
8 health related injuries; exempting first responders
8 from physical injury requirement for certain claim;
9 providing for computation of benefits for certain
9 persons; providing for temporary pension benefits;
10 imposing limits on total period of disability
10 benefits; providing for award of permanent total
11 disability based upon maximum medical improvement;
11 providing for payment of benefits based on certain
12 injury; imposing time limit on benefits; imposing
12 limit on employer responsibility for certain medical
13 benefits; requiring employer to maintain health
13 insurance coverage under certain circumstance;
14 providing that payment of certain claims be made
14 through certain pool; defining terms; updating
15 statutory reference; and providing an effective date.
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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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19 SECTION 1. AMENDATORY 85A O.S. 2021, Section 13, is
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20 amended to read as follows:
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21 Section 13. A. 1. A mental injury or illness is not a
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22 compensable injury unless caused by a physical injury to the
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23 employee, and shall not be considered an injury arising out of and
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24 in the course and scope of employment or compensable unless
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 1 demonstrated by a preponderance of the evidence; provided, however,
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2 that this physical injury limitation shall not apply to any victim
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3 of a crime of violence, a law enforcement officer, paid or volunteer
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4 firefighter, or emergency medical technician employed on a full-time
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5 basis by a municipality, county, or this state, or a voluntary
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6 firefighter who suffers post-traumatic stress disorder, as defined
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7 in subsection E of this section, while responding to an emergency.
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8 For the purposes of this section, such employee shall be referred to
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9 as a first responder.
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10 2. No mental injury or illness under this section shall be
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11 compensable unless it is also diagnosed by a licensed psychiatrist
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12 or psychologist and unless the diagnosis of the condition meets the
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13 criteria established in the most current issue of the Diagnostic and
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14 Statistical Manual of Mental Disorders.
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15 B. 1. Notwithstanding any other provision of this act the
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16 Administrative Workers’ Compensation Act, where a claim is for
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17 mental injury or illness, the employee shall be limited to twenty-
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18 six (26) weeks of disability benefits unless it is shown by clear
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19 and convincing evidence that benefits should continue for a set
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20 period of time, not to exceed a total of fifty-two (52) weeks. If
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21 the treating physician is of the opinion that the first responder is
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22 temporarily unable to perform his or her job or any alternative work
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23 offered by the employer, he or she shall be entitled to receive
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24 compensation which is the greater of the weekly benefit provided for
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 1 in a collective bargaining agreement or according to the policy of
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2 the employer, or seventy percent (70%) of the injured employee’s
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3 average weekly wage not to exceed the state average weekly wage. If
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4 the employee has a temporary pension benefit available at no
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5 additional cost to the employee and the benefit is equal to or
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6 greater than the temporary award in this system, the employer may
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7 elect to exercise the temporary pension benefit. In no event shall
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8 disability benefits extend beyond fifty-two (52) weeks.
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9 2. Notwithstanding any other provision of this section, a first
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10 responder who receives benefits provided herein for a mental injury
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11 or illness not accompanied by a physical injury who, after reaching
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12 maximum medical improvement, is unable to perform the essential
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13 functions of his or her employment position and who is not eligible
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14 to receive a disability retirement through his or her pension or
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15 retirement system shall be eligible to be awarded permanent
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16 disability benefits not to exceed Fifty Thousand Dollars
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17 ($50,000.00) as provided for in this act.
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18 3. a. In cases where death results directly from the mental
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19 injury or illness within a period of one (1) year,
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20 compensation shall be paid to the dependents as
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21 provided in other death cases under this act the
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22 Administrative Workers’ Compensation Act.
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23 b. Death directly or indirectly related to the mental
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24 injury or illness occurring one (1) year or more from
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 1 the incident resulting in the mental injury or illness
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2 shall not be a compensable injury.
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3 C. 1. In the event that the Oklahoma Workers’ Compensation
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4 Commission finds that a first responder has suffered post-traumatic
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5 stress disorder not accompanied by a physical injury, the employer
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6 shall provide reasonable and necessary medical treatment for such
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7 injury, subject to the Oklahoma Workers’ Compensation Commission’s
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8 Fee Schedule, for a period not longer than one (1) year. The
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9 employer shall not be responsible for medical treatment in the form
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10 of prescription medicine in excess of Ten Thousand Dollars
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11 ($10,000.00).
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12 2. During any period in which a first responder is temporarily
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13 unable to perform his or her job, the employer shall pay to maintain
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14 health insurance coverage for the first responder, if such health
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15 insurance was in effect on the date of the injury.
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16 D. For the purposes of this section, claim payments for
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17 volunteer firefighters shall be paid pursuant to the Volunteer
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18 Firefighter Group Insurance Pool.
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19 E. For the purposes of this section:
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20 1. “Post-traumatic stress disorder” means an injury or
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21 condition in which a first responder has been exposed to a traumatic
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22 event and:
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23 a. has experienced, witnessed, or was confronted with an
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24 event that involved actual or threatened death or
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 1 serious injury, or a threat to the physical integrity
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2 of others, and the response involved fear,
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3 helplessness, or horror,
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4 b. the traumatic event is persistently re-experienced in
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5 one or more of the following ways:
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6 (1) recurrent and intrusive distressing recollections
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7 of the event,
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8 (2) recurrent distressing dreams,
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9 (3) acting or feeling as if the traumatic event were
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10 recurring,
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11 (4) intense psychological distress at exposure to
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12 cues that symbolize an aspect of the traumatic
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13 event, or
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14 (5) physiological reactivity on exposure to cues that
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15 symbolize an aspect of the traumatic event,
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16 c. persistent avoidance of stimuli associated with the
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17 trauma and numbing of general responsiveness such as
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18 efforts to avoid thoughts, feelings, or conversations
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19 associated with the trauma, markedly diminished
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20 interest or participation in significant activities,
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21 or a feeling of detachment or estrangement from
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22 others,
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23 d. persistent symptoms of increased arousal such as
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24 difficulty falling or staying asleep, irritability or
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 1 outbursts of anger, difficulty concentrating, or
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2 hypervigilance,
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3 e. the duration of the disturbance is more than one (1)
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4 month, and
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5 f. the disturbance causes clinically significant distress
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6 or impairment in social, occupational, or other
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7 important areas of functioning;
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8 2. “Volunteer firefighter” means a person who is enrolled as a
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9 member of a volunteer fire department with two or less salaried
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10 firefighters and who serves in such capacity without receiving a
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11 regular salary; and
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12 3. “Emergency medical technician” means a person who holds a
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13 license as an emergency medical technician, an intermediate or
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14 advanced emergency medical technician, or a paramedic, issued by the
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15 State Department of Health to perform emergency medical services in
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16 accordance with the Oklahoma Emergency Response Systems Development
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17 Act and the rules and standards promulgated by the State
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18 Commissioner of Health.
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19 SECTION 2. This act shall become effective January 1, 2025.
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21 59-2-2624 RD 12/15/2023 5:44:02 PM
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