Mental injury-workers' compensation.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0075.E1

SENATE FILE
NO.
SF0018

Mental injury-workers' compensation.

Sponsored by:
Select Committee on Mental Health and Substance Abuse Services

A BILL

for

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

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

Section 1.

W.S. 27
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14
‑
409 is created to read:

27
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14
‑
409.

Mental injury coverage.

(a)

Coverage for mental injuries shall be provided under this act as provided in this section.

(b)

For purposes of this section, a mental injury is an injury as defined in W.S. 27
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14
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102(a)(xi) which:

(i)

Is caused by a compensable physical injury and which:

(A)

Occurs subsequent to or simultaneously with the physical injury;

(B)

Is established by clear and convincing evidence;

(C)

Is diagnosed by a licensed psychiatrist or licensed clinical psychologist using criteria established in the most recent edition of the diagnostic and statistical manual of mental disorders published by the American Psychiatric Association; or

(ii)

Is incurred after June 30, 2009 and before July 1, 2011 by a worker who at the time of the injury is working as an employee in North American Industry Classification subsector 922 or as a volunteer described in W.S. 27
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14
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108(e)(i), (iii) or (vi) and which:

(A)

Includes a diagnosis of posttraumatic stress disorder by a licensed psychiatrist or a licensed clinical psychologist using criteria established in the most recent edition of the diagnostic and statistical manual of mental disorders published by the American Psychiatric Association;

(B)

Is the result of a single extraordinary event, with sudden onset following the event.

(c)

If a combination of employment related and nonemployment related events contribute to a mental injury, the injury shall be compensable only if it is caused primarily by the work related event.

(d)

A mental injury is not
compensable
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.

(e)

Compensable medication for a mental injury shall be limited to those medications approved by the
United States
food and drug administration for the diagnosed injury.

(f)

An aggravation of a preexisting mental condition shall be compensable only if the aggravation is a material aggravation and the relationship of the aggravation to the claimant's employment is established by clear and convincing evidence.

(g)

The filing of an injury report for a mental injury not caused by a physical injury shall include a disclosure of any diagnosis or treatment received by the claimant for the same or a related condition.

(h)

If an employee's report of injury for a mental injury is not filed as required by W.S. 27
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14
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502(a), the presumption that the claim shall be denied shall not be rebuttable if more than six (6) months have elapsed between the date of injury and the filing of the employee's injury report.

(
j
)

The division

may by rule and regulation adopt a list of preferred medications
for mental injuries
based on clinical efficacy and safety as well as cost to the
workers' compensation account.

(k)

Benefits for injuries described in paragraph (b)(i) of this section shall be payable for not more than twelve (12) months after an injured employee's physical injury has healed to the point that it is not reasonably expected to substantially improve.

(m)

Benefits for injuries described in paragraph (b)(ii) of this section shall be payable for not more than twelve (12) months after the date of diagnosis and shall be limited to payment of medical and hospital care and temporary total disability.

Section
2
.

W.S. 27
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14
‑
102(a)(xi)(J) is amended to read:

27
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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

except as provided in W.S. 27
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14
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409
.

Section 3.

(a)

The department of employment shall annually report to the joint labor, health and social services interim committee by October 1 on:

(i)

The number of workers compensation claimants reporting an injury pursuant to W.S. 27
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409(b)(i) or (ii);

(ii)

The number and percent of injuries described in paragraph (i) of this subsection that were determined to be compensable claims;

(iii)

The cumulative medical and indemnity benefits paid by year for compensable mental injuries;

(iv)

The median and mean duration in months of payments for compensable mental injuries.

Section
4.

This act is effective July 1, 2009
.

(END)

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SF0018