Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 209 First Substitute (2018GS)

Sponsor

Rep. Kwan, K.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines "first responders"; and
• makes amendments regarding a first responder's workers' compensation claim due to mental stress.

Every vote on this bill

Bill text

MENTAL HEALTH PROTECTIONS FOR FIRST
RESPONDERS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Kwan
Senate Sponsor: 
 Karen Mayne
LONG TITLE
General Description:
This bill makes amendments regarding workers' compensation claims of first
responders.
Highlighted Provisions:
This bill:
▸ defines "first responders"; and
▸ makes amendments regarding a first responder's workers' compensation claim due
to mental stress.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
34A-2-102
, as last amended by Laws of Utah 2017, Chapter 363
34A-2-402
, as renumbered and amended by Laws of Utah 1997, Chapter 375
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
34A-2-102
 is amended to read:
34A-2-102.
Definition of terms.
(1) As used in this chapter:
(a) "Average weekly wages" means the average weekly wages as determined under
Section 
34A-2-409
.
(b) "Award" means a final order of the commission as to the amount of compensation
due:
(i) an injured employee; or
(ii) a dependent of a deceased employee.
(c) "Compensation" means the payments and benefits provided for in this chapter or
Chapter 3, Utah Occupational Disease Act.
(d) (i) "Decision" means a ruling of:
(A) an administrative law judge; or
(B) in accordance with Section 
34A-2-801
:
(I) the commissioner; or
(II) the Appeals Board.
(ii) "Decision" includes:
(A) an award or denial of a medical, disability, death, or other related benefit under this
chapter or Chapter 3, Utah Occupational Disease Act; or
(B) another adjudicative ruling in accordance with this chapter or Chapter 3, Utah
Occupational Disease Act.
(e) "Director" means the director of the division, unless the context requires otherwise.
(f) "Disability" means an administrative determination that may result in an entitlement
to compensation as a consequence of becoming medically impaired as to function. Disability
can be total or partial, temporary or permanent, industrial or nonindustrial.
(g) "Division" means the Division of Industrial Accidents.
(h) "First responder" means:
(i) a law enforcement officer, as defined in Section 
53-13-103
;
(ii) an emergency medical technician, as defined in Section 
26-8c-102
;
(iii) an advanced emergency medical technician, as defined in Section 
26-8c-102
;
(iv) a paramedic, as defined in Section 
26-8c-102
; or
(v) a firefighter, as defined in Section 
34A-3-113
.
[
(h)
] 
(i)
 "Impairment" is a purely medical condition reflecting an anatomical or
functional abnormality or loss. Impairment may be either temporary or permanent, industrial
or nonindustrial.
[
(i)
] 
(j)
 "Order" means an action of the commission that determines the legal rights,
duties, privileges, immunities, or other interests of one or more specific persons, but not a class
of persons.
[
(j)
] 
(k)
 (i) "Personal injury by accident arising out of and in the course of
employment" includes an injury caused by the willful act of a third person directed against an
employee because of the employee's employment.
(ii) "Personal injury by accident arising out of and in the course of employment" does
not include a disease, except as the disease results from the injury.
[
(k)
] 
(l)
 "Safe" and "safety," as applied to employment or a place of employment,
means the freedom from danger to the life or health of employees reasonably permitted by the
nature of the employment.
(2) As used in this chapter and Chapter 3, Utah Occupational Disease Act:
(a) "Brother or sister" includes a half brother or sister.
(b) "Child" includes:
(i) a posthumous child; or
(ii) a child legally adopted prior to an injury.
Section 2. Section 
34A-2-402
 is amended to read:
34A-2-402.
Mental stress claims.
(1) Physical, mental, or emotional injuries related to mental stress arising out of and in
the course of employment shall be compensable under this chapter only when there is a
sufficient legal and medical causal connection between the employee's injury and employment.
(2) (a) Legal causation requires proof of extraordinary mental stress from a sudden
stimulus arising predominantly and directly from employment.
(b) The extraordinary and sudden nature of the alleged mental stress is judged
according to an objective standard in comparison with contemporary national employment and
nonemployment life.
(3) Medical causation requires proof that the physical, mental, or emotional injury was
medically caused by the mental stress that is the legal cause of the physical, mental, or
emotional injury.
(4) Good faith employer personnel actions including disciplinary actions, work
evaluations, job transfers, layoffs, demotions, promotions, terminations, or retirements, may
not form the basis of compensable mental stress claims under this chapter.
(5) Alleged discrimination, harassment, or unfair labor practices otherwise actionable
at law may not form the basis of compensable mental stress claims under this chapter.
(6) An employee who alleges a compensable industrial accident involving mental
stress bears the burden of proof to establish legal and medical causation by a preponderance of
the evidence.
(7) The legal and medical causal connection described in Subsection (1) is satisfied if
an individual is a first responder.
Legislative Review Note
Office of Legislative Research and General Counsel