Workers' compensation-mental injury.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0265

SENATE FILE
NO.
SF0090

Workers' compensation-mental injury.

Sponsored by:
Senator(s) Hastert, Aullman, Decaria and Ross and Representative(s) Craft, Hammons and Lubnau

A BILL

for

AN ACT relating to workers' compensation; amending the definition of injury to authorize coverage of a mental injury as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 27
‑
14
‑
102(a)(xi)(J) is amended as follows:

27
‑
14
‑
102.

Definitions
.

(a)

As used in this act:

(xi)

"Injury" means any harmful change in the human organism other than normal aging and includes damage to or loss of any artificial replacement and death, arising out of and in the course of employment while at work in or about the premises occupied, used or controlled by the employer and incurred while at work in places where the employer's business requires an employee's presence and which subjects the employee to extrahazardous duties incident to the business. "Injury" does not include:

(J)

Any mental injury unless it is caused by a
compensable physical injury, it occurs subsequent to or simultaneously with, the physical injury and it is established by clear and convincing evidence, which shall include a diagnosis by a licensed psychiatrist or licensed clinical psychologist meeting criteria established in the most recent edition of the diagnostic and statistical manual of mental disorders published by the American Psychiatric Association. In no event shall benefits for a compensable mental injury be paid for more than six (6) months after an injured employee's physical injury has healed to the point that it is not reasonably expected to substantially improve

a situation or condition arising out of or in the course of employment that is of greater magnitude than the day-to-day stresses and tensions all employees usually experience
.
A mental injury is not covered if it is the result of disciplinary action, work evaluation, job transfer, layoff, demotion, termination or any similar action
taken in good faith by the employer
.

Section 2.

This act is effective July 1, 2008.

(END)

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SF0090