AN ACT relating to worker's compensation; specifying when mental injury is considered a compensable injury for first responders; providing conforming changes; and providing for an effective date.
Labor
Enacted
This bill passed the Legislature and reached final enactment based on the latest official action.
Sponsor
Senator Nethercott
Last action
2020-03-26
Official status
enrolled
Effective date
7/1/2020
Plain English Breakdown
The bill summary does not provide specific details on how it affects insurance costs for employers, leaving this as an open question.
First Responder Workplace Mental Injury Coverage
This law makes mental injuries caused by work a type of injury for which first responders can get worker's compensation, if they have clear proof from a licensed psychiatrist, psychologist, or psychiatric nurse practitioner.
What This Bill Does
Defines when a mental injury is considered an injury that qualifies for workers' compensation benefits for first responders.
Requires the mental injury to be diagnosed by a licensed psychiatrist, clinical psychologist, or psychiatric mental health nurse practitioner.
Limits benefits for mental injuries to no more than thirty-six months after diagnosis.
Specifies that certain actions by employers like discipline or termination do not cause compensable mental injuries.
Who It Names or Affects
First responders, including police officers, firefighters, search and rescue workers, and ambulance staff.
Employers who have first responders as employees.
Terms To Know
Compensable injury
An injury that qualifies for worker's compensation benefits.
First responder
A person whose job is to respond first in emergencies, such as police officers and firefighters.
Limits and Unknowns
Benefits are limited to thirty-six months after the diagnosis of a mental injury.
The law does not cover mental injuries directly caused by disciplinary actions or terminations from employers.
It is unclear how this will affect insurance costs for employers.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: The amendment changes the definition of who can receive worker's compensation for mental injuries to include peace officers specifically.
Adds 'a peace officer or' after the word 'means'.
Removes the phrase 'law enforcement'.
Deletes the term 'personnel,'.
The exact impact on other first responders not specified as peace officers is unclear.
Plain English: The amendment adds 'emergency room personnel' to the list of first responders who can receive worker's compensation for mental injuries.
Adds 'emergency room personnel' to the definition of first responders eligible for workplace mental injury coverage.
The exact impact and scope of including emergency room personnel is not detailed in the amendment text.
Plain English: The amendment changes the definition of a compensable mental injury for first responders to include specific types of disorders such as depression, anxiety, acute stress, and post-traumatic stress.
Modifies the bill to specify that depression, anxiety, acute stress, or post-traumatic stress related disorder are considered compensable mental injuries for first responders.
The amendment text does not provide details on how these changes will be implemented or what specific benefits they would offer to first responders.
Standing Committee • House Labor, Health and Social Services Committee
Corrected, Adopted
Plain English: The amendment changes the time limit for first responders to receive worker's compensation for mental injuries from six months to thirty-six months after the injury is diagnosed.
Changes the period within which a first responder can claim worker's compensation for a mental injury from six (6) months to thirty-six (36) months.
The amendment text does not provide additional details about how this change will affect existing laws or regulations beyond specifying the time extension.
Plain English: The amendment adds a limit on disability benefits for first responders with mental injuries to ensure that total payments do not exceed what is normally due.
Adds a new rule stating that the combined amount of disability benefits and other payments for a compensable mental injury cannot be more than what would typically be paid under existing law.
The amendment does not specify which 'other sources' are included in the limitation on total payments.
It is unclear how this new rule will interact with existing provisions of W.S. 27-4-403.
Plain English: The amendment adds 'psychiatric mental health nurse practitioners' to the list of professionals who can provide mental health services for first responders under worker's compensation.
Adds ', psychiatric mental health nurse practitioner' after 'psychologist' in multiple places.
Inserts ', search and rescue personnel' before 'or' on page 4, line 3.
The exact impact of these changes on the overall bill is not detailed here.
Standing Committee • Senate Labor, Health and Social Services Committee
Adopted
Plain English: This amendment removes specific language about when a mental injury is considered compensable for first responders in the worker's compensation context.
Removes the phrase 'The mental injury shall' from the bill text.
Deletes lines 11 through 17 on page 3, which contain detailed conditions for mental injuries to be compensable.
Eliminates the term 'compensable under this subdivision.'
The exact impact of removing these specific provisions is unclear without knowing what was in lines 11 through 17.
Bills Worth Reading With This One
These pairings are meant to flag bills from the same session that may have a bigger real-world effect when you read them together.
Both bills address issues related to first responders, specifically volunteer firefighters and EMTs in Bill A and peace officers, firefighters, search and rescue personnel, and ambulance personnel in Bill B.
High confidenceNeeds review
Possible combined effect: Bill A increases funding for the Volunteer Pension Account by raising insurance premium taxes and member contributions. Bill B expands worker's compensation coverage for mental injuries experienced by first responders, including volunteer firefighters and EMTs covered under Bill A.
Why this got flagged:
Both bills impact the financial support and health benefits of volunteer firefighters and EMTs. Reviewing them together provides a comprehensive understanding of the legislative efforts to improve the welfare of these first responders.
increases contributions to the Volunteer Firefighter, EMT and Search and Rescue Pension Plan
Volunteer Firefighter, EMT and Search and Rescue Pension Account
specifies when mental injury is considered a compensable injury for first responders
defines 'first responder' to include peace officers, firefighters, search and rescue personnel and ambulance personnel
Bill History
2020-03-26LSO
Assigned Chapter Number 160
2020-03-26Wyoming Legislature
Became Law without Governor's Signature
2020-03-12House
H Speaker Signed SEA No. 0056
2020-03-12Senate
S President Signed SEA No. 0056
2020-03-11LSO
Assigned Number SEA No. 0056
2020-03-11Senate
S Concur:Passed 24-2-4-0-0
2020-03-11Senate
S Received for Concurrence
2020-03-11House
H 3rd Reading:Passed 44-16-0-0-0
2020-03-10House
H 2nd Reading:Passed
2020-03-10House
H 2nd Reading:Passed
2020-03-09House
H COW:Passed
2020-03-03House
H Placed on General File
2020-03-03House
H10 - Labor:Recommend Amend and Do Pass 6-3-0-0-0
2020-02-28House
H Introduced and Referred to H10 - Labor
2020-02-26House
H Received for Introduction
2020-02-26Senate
S 3rd Reading:Passed 24-6-0-0-0
2020-02-25Senate
S 2nd Reading:Passed
2020-02-24Senate
S COW:Passed
2020-02-17Senate
S Placed on General File
2020-02-17Senate
S10 - Labor:Recommend Amend and Do Pass 5-0-0-0-0
2020-02-13Senate
S Introduced and Referred to S10 - Labor 29-1-0-0-0
2020-02-12Senate
S Received for Introduction
2020-02-11LSO
Bill Number Assigned
Official Summary Text
Bill Summary - 20LSO-0563
Bill No.:
SF0117
Effective:
7/1/2020 12:00:00 AM
LSO No.:
20LSO-0563
Enrolled Act No.:
SEA No. 0056
Chapter No.:
160
Prime Sponsor:
Nethercott
Catch Title:
First responder workplace mental injury coverage.
Subject:
Worker's compensation mental injury coverage for first responders.
Summary/Major Elements:
The act specifies that mental injury is a compensable injury for purposes of worker's compensation if the mental injury is experienced by a first responder and established by clear and convincing evidence.
The act specifies that mental injuries require diagnosis by a licensed psychiatrist, licensed clinical psychologist or psychiatric mental health nurse practitioner and that benefits for mental injuries shall not extend for more than thirty-six (36) months.
The act defines "first responder" to include peace officers, firefighters, search and rescue personnel and ambulance personnel.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.
Current Bill Text
Read the full stored bill text
20LSO-0563
ORIGINAL Senate
ENGROSSED
File No
.
SF0117
ENROLLED ACT NO. 56,
SENATE
SIXTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2020 Budget Session
AN ACT relating to worker's compensation; specifying when mental injury is considered a compensable injury for first responders; providing conforming changes; 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) and by creating a new paragraph (xxxi) 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
:
(I)
C
aused 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
or psychiatric mental health nurse practitioner
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
under this subdivision
be paid for more than
six (6)
thirty-six (36)
months after an injured employee's physical injury has healed to the point that it is not reasonably expected to substantially improve
;
.
or
(II)
Experienced by a first responder and established by clear and convincing evidence, which shall include a diagnosis by a licensed psychiatrist, licensed clinical psychologist or psychiatric mental health nurse practitioner meeting criteria established in the most recent edition of the diagnostic and statistical manual of mental disorders published by the American Psychiatric Association. The mental injury shall not be considered a compensable injury if the mental injury is directly attributed to disciplinary action, work evaluation, job transfer, layoff, demotion, termination or similar action taken by an employer. In no event shall any disability benefit for a compensable mental injury under this subdivision extend more than thirty-six (36) months beyond the diagnosis of a compensable injury.
(xxxi)
"First responder" means a peace officer or an employee who is employed or volunteers as a firefighter, search and rescue personnel or ambulance personnel.
Section 2
.
This act is effective July 1, 2020
.
(END)
Speaker of the House
President of the Senate
Governor
TIME APPROVED: _________
DATE APPROVED: _________
I hereby certify that this act originated in the Senate.
Chief Clerk
1