Bill Text: CT HB06408 | 2011 | General Assembly | Introduced

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Bill Title: An Act Concerning Post-traumatic Stress Disorder And The Workers' Compensation Act.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2011-02-18 - Public Hearing 02/24 [HB06408 Detail]

Download: Connecticut-2011-HB06408-Introduced.html

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General Assembly		Raised Bill No. 6408
January Session, 2011		LCO No. 3546
		*03546_______LAB*
Referred to Committee on Labor and Public Employees
Introduced by:
(LAB)

AN ACT CONCERNING POST-TRAUMATIC STRESS DISORDER AND THE WORKERS' COMPENSATION ACT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subdivision (16) of section 31-275 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(16) (A) "Personal injury" or "injury" includes, in addition to accidental injury that may be definitely located as to the time when and the place where the accident occurred, an injury to an employee that is causally connected with the employee's employment and is the direct result of repetitive trauma or repetitive acts incident to such employment, and occupational disease.

(B) "Personal injury" or "injury" shall not be construed to include:

(i) An injury to an employee that results from the employee's voluntary participation in any activity the major purpose of which is social or recreational, including, but not limited to, athletic events, parties and picnics, whether or not the employer pays some or all of the cost of such activity;

(ii) A mental or emotional impairment, unless such impairment (I) arises [(I)] from a physical injury or occupational disease, [or] (II) is diagnosed as post-traumatic stress disorder by a licensed and board certified mental health professional, and determined by such professional to be originating while the employee has been engaged in the line of employee's duty and not subject to any other exclusion in this section, or (III) arises, in the case of a police officer, from such police officer's use of deadly force or subjection to deadly force in the line of duty, regardless of whether such police officer is physically injured, provided such police officer is the subject of an attempt by another person to cause such police officer serious physical injury or death through the use of deadly force, and such police officer reasonably believes such police officer to be the subject of such an attempt. As used in this clause, "police officer" means a member of the Division of State Police within the Department of Public Safety, an organized local police department or a municipal constabulary, and "in the line of duty" means any action that a police officer is obligated or authorized by law, rule, regulation or written condition of employment service to perform, or for which the police officer is compensated by the public entity such officer serves;

(iii) A mental or emotional impairment that results from a personnel action, including, but not limited to, a transfer, promotion, demotion or termination; or

(iv) Notwithstanding the provisions of subparagraph (B)(i) of this subdivision, "personal injury" or "injury" includes injuries to employees of local or regional boards of education resulting from participation in a school-sponsored activity but does not include any injury incurred while going to or from such activity. As used in this clause, "school-sponsored activity" means any activity sponsored, recognized or authorized by a board of education and includes activities conducted on or off school property and "participation" means acting as a chaperone, advisor, supervisor or instructor at the request of an administrator with supervisory authority over the employee.

Sec. 2. Section 31-294h of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

Notwithstanding any provision of this chapter, workers' compensation benefits for any police officer, as defined in subparagraph [(B)(ii)] (B)(iii) of subdivision (16) of section 31-275, as amended by this act, who suffers a mental or emotional impairment arising from such police officer's use of deadly force or subjection to deadly force in the line of duty, shall be limited to treatment by a psychologist or a psychiatrist who is on the approved list of practicing physicians established by the chairman of the Workers' Compensation Commission pursuant to section 31-280.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2011	31-275(16)
Sec. 2	October 1, 2011	31-294h

Statement of Purpose:

To reinsert the post-traumatic stress disorder clause into the Workers' Compensation Act.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]