Workers' compensation-mental injury.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0008

HOUSE BILL
NO.

HB0139

Workers' compensation-mental injury.

Sponsored by:
Representative(s) Watt

A BILL

for

AN ACT relating to
workers' compensation; removing limitation on the award of mental injury awards;
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 to read:

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.

Section 2.

This act shall apply to cases involving injuries to workers occurring on or after the effective date of this act.

Section 3.

This act is effective July 1, 2014.

(END)

1
HB0139