SB 660 — AN ACT EXPANDING WORKERS' COMPENSATION BENEFITS FOR CERTAIN MENTAL OR EMOTIONAL IMPAIRMENTS SUFFERED BY HEALTH CARE PROVIDERS IN CONNECTION WITH COVID-19.

GeneralSenate Assembly Committee Bill No.

660 JanuaryPublic Session,Act 2021 LCO No.

581221-107 ReferredAN toACT CommitteeEXPANDING onWORKERS' LABORCOMPENSATION ANDBENEFITS PUBLICFOR EMPLOYEESCERTAIN IntroducedMENTAL by:OR EMOTIONAL IMPAIRMENTS SUFFERED BY HEALTH CARE PROVIDERS IN CONNECTION WITH COVID-19.

(LAB) AN ACT EXPANDING WORKERS' COMPENSATION BENEFITS FOR CERTAIN MENTAL OR EMOTIONAL IMPAIRMENTS SUFFERED BY HEALTH CARE PROVIDERS IN CONNECTION WITH COVID-19.

(i) An injury to an employee that results from the employee's voluntary participation in any activity the major purpose of which is social or recreational, including, but not limited to, athletic events, LCOparties 5812and \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00660-R01picnics, whether or not the employer pays some or all of 9the SB.docxcost Committeeof Billsuch No.activity;

660Senate partiesBill andNo. picnics, whether or not the employer pays some or all of the cost of such activity;

660 (ii) A mental or emotional impairment, unless such impairment (I) arises from a physical injury or occupational disease, (II) in the case of a police officer of the Division of State Police within the Department of Emergency Services and Public Protection, an organized local police department or a municipal constabulary, arises from such police officer's use of deadly force or subjection to deadly force in the line of duty, regardless of whether such police officer is physically injured, provided such police officer is the subject of an attempt by another person to cause such police officer serious physical injury or death through the use of deadly force, and such police officer reasonably believes such police officer to be the subject of such an attempt, or (III) in the case of [a police officer, parole officer or firefighter] an eligible individual as defined in section 31-294k, as amended by this act, is a diagnosis of post-traumatic stress [disorder] injury as defined in section 31-294k, as amended by this act, that meets all the requirements of section 31-294k, as amended by this act.

As used in this clause, "school- sponsored activity" means any activity sponsored, recognized or authorized by a boardof education and includes activities conducted on or off school property and "participation" means acting as a chaperone, LCOPublic 5812Act {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00660-2 of 9 R03-SB.docx } Committee Bill No.

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(5) "Health care provider" means (A) a person employed at a doctor's office, hospital, health care center, clinic, medical school, local health department or agency, nursing facility, retirement facility, nursing home, group home, home health care provider, any facility that performs laboratory or medical testing, pharmacy or any similar institution, or (B) a person employed to provide personal care assistance, as defined in section 17b-706;17b-706, in or about a private dwelling, provided such person is regularly employed by the owner or occupier of the dwelling for more than twenty-six hours per week;

[(2)] (6) "In the line of duty" means any action that [a police officer, parole officer or firefighter] an eligible individual is obligated or authorizedPublic byAct law, rule, regulation or written condition of employment service to perform, or for which the [officer or firefighter] eligible individual is compensated by the public entity such [officer or firefighter] individual serves, except that, in the case of a volunteer LCO 5812 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00663 of 9 R03-SB.docx } Committee Bill No.

66021-107 firefighter,3 suchof action9 orSenate serviceBill constitutesNo. fire duties, as defined in subsection (b) of section 7-314b;

660 authorized by law, rule, regulation or written condition of employment service to perform, or for which the [officer or firefighter] eligible individual is compensated by the public entity such [officer or firefighter] individual serves, except that, in the case of a volunteer firefighter, such action or service constitutes fire duties, as defined in subsection (b) of section 7-314b;

[(B)]Public (ii)Act WitnessesNo. the death of a person or an incident involving the death of a person;

[(C)]21-107 (iii)4 Witnesses an injury to a person who subsequently dies before or upon admission at a hospital as a result of the injury and not LCO 5812 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00660-4 of 9 R03-SB.docxSenate } Committee Bill No.

660 as[(B)] a(ii) resultWitnesses the death of anya otherperson interveningor cause;an incident involving the death of a person;

[(C)] (iii) Witnesses an injury to a person who subsequently dies before or upon admission at a hospital as a result of the injury and not as a result of any other intervening cause;

or [(F)] (vi) Witnesses a traumatic physical injury that results in the loss of a vital body part or a vital body function that results in permanent disfigurement of the victim, [.] or (B) An event arising out of and in the course of employment on or after March 10, 2020, in which an eligible individual who is a health care provider is engaged in activities substantially dedicated to mitigating or responding to the public health and civil preparedness emergencies declared by the Governor on March 10, 2020, or any extension of such emergency declarations, and:

(iii) Has physical contact with and treats or provides care for a person who subsequently dies as a result of COVID-19 or due to symptoms that werePublic laterAct diagnosedNo. as COVID-19;

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660 were later diagnosed as COVID-19;

(12) "Telecommunicator" has the same meaning as provided in LCOsection 581228-30; {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00660-5 of 9 R03-SB.docx } Committee Bill No.

660and (13) "Witnesses" means, for an eligible individual who is a telecommunicator, hears by telephone or radio while directly responding to an emergency call that constitutes a qualifying event under this section 28-30;and providing a dispatch assignment.

(b) A diagnosis of post-traumatic stress [disorder] injury is compensable as a personal injury as described in subparagraph (B)(ii)(III) of subdivision (16) of section 31-275, as amended by this act, if a mental health professional examines [a police officer, parole officer or firefighter] the eligible individual and (13)diagnoses "Witnesses"the means,[officer foror anfirefighter] individual with a post-traumatic stress [disorder] injury as a direct result of a qualifying event, provided (1) the post-traumatic stress [disorder] injury resulted from [the officer or firefighter] (A) the eligible individual whoacting in the line of duty if such individual is a telecommunicator,police hearsofficer, byfirefighter, telephoneemergency medical services personnel, Department of Correction employee or radio.telecommunicator and, in the case of a firefighter, such firefighter complied with Federal Occupational Safety and Health Act standards adopted pursuant to 29 CFR 1910.134 and 29 CFR 1910.156, or (B) the eligible individual acting the course of employment if such individual is a health care provider, (2) a qualifying event was a substantial factor in causing the [disorder, (3) such qualifying event, and not another event or source of stress, was the primary cause of the post-traumatic stress disorder] injury, and [(4)] (3) the post-traumatic stress [disorder] injury did not result from any disciplinary action, work evaluation, job transfer, layoff, demotion, Public Act No.

(b)21-107 A6 diagnosis of post-traumatic9 stressSenate [disorder]Bill injuryNo. is compensable as a personal injury as described in subparagraph (B)(ii)(III) of subdivision (16) of section 31-275, as amended by this act, if a mental health professional examines [a police officer, parole officer or firefighter] the eligible individual and diagnoses the [officer or firefighter] individual with a post-traumatic stress [disorder] injury as a direct result of a qualifying event, provided (1) the post-traumatic stress [disorder] injury resulted from [the officer or firefighter] (A) the eligible individual acting in the line of duty if such individual is a police officer, firefighter, emergency medical services personnel, Department of Correction employee or telecommunicator and, in the case of a firefighter, such firefighter complied with Federal Occupational Safety and Health Act standards adopted pursuant to 29 CFR 1910.134 and 29 CFR 1910.156, or (B) the eligible individual acting the course of employment if such individual is a health care provider, (2) a qualifying event was a substantial factor in causing the [disorder, (3) such qualifying event, and not another event or source of stress, was the primary cause of the post-traumatic stress disorder] injury, and [(4)] (3) the post-traumatic stress [disorder] injury did not result from any disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement or similar action of the [officer or firefighter] eligible individual.

660 promotion, termination, retirement or similar action of the [officer or firefighter] eligible individual.

(c) Whenever liability to pay compensation is contested by the employer, the employer shall file with the commissioner, on or before the twenty-eighth day after the employer has received a written notice of claim, a notice in accordance with a form prescribed by the chairperson of the Workers' Compensation Commission stating that the LCOright 5812to {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00666compensation is contested, the name of 9the R03-SB.docxclaimant, }the Committeename Billof No.the employer, the date of the alleged injury and the specific grounds on which the right to compensation is contested.

660 right to compensation is contested, the name of the claimant, the name of the employer, the date of the alleged injury and the specific grounds on which the right to compensation is contested.

If the employer or the employer's legal representative fails to file the notice contesting liability on or before the twenty-eighth day after receiving the written notice of claim, the employer shall commence payment ofcompensationfor suchinjury onor before thetwenty-eighth day after receiving the written notice of claim, but the employer may contest the employee's right to receive compensation on any grounds or the extent of the employee's disability within one hundred eighty days from the receipt of the written notice of claim and any benefits paid during the one hundred eighty days shall be considered payments without prejudice, provided the employer shall not be required to commence payment of compensation when the written notice of claim has not been properly served in accordance with section 31-321 or when the written notice of claim fails to include a warning that the employer (1) if the employer has commenced payment for the alleged injury on or before the twenty-eighth day after receiving a written notice of claim, shall be precluded from contesting liability unless a notice contesting liability is filed within one hundred eighty days from the receipt of the written notice of claim, and (2) shall be conclusively presumed to have acceptedPublic theAct compensabilityNo. of the alleged injury unless the employer either files a notice contesting liability on or before the twenty-eighth day after receiving a written notice of claim or commences payment for the alleged injury on or before such twenty-eighth day.

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660 accepted the compensability of the alleged injury unless the employer either files a notice contesting liability on or before the twenty-eighth day after receiving a written notice of claim or commences payment for the alleged injury on or before such twenty-eighth day.

Notwithstanding the provisions of this subsection, an employer who fails to contest liability for an alleged injury on or before the twenty-eighth day after receiving a written notice of claim and who fails to commence payment for the LCOallegedinjuryonorbeforesuchtwenty-eighthday,shallbeconclusively 5812presumed {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00660-7to ofhave 9accepted R03-SB.docxthe }compensability Committeeof Billthe No.alleged injury.

660 allegedinjuryonorbeforesuchtwenty-eighthday,shallbeconclusively presumed to have accepted the compensability of the alleged injury.

No medical treatment, temporary total incapacity benefits under section 31-307 or temporary partial incapacity benefits under subsection (a) of section 31-308 shall be awarded beyond four yearsPublic fromAct theNo. date of the qualifying event that formed the basis for the personal injury.

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660 years from the date of the qualifying event that formed the basis for the personal injury.

ThisApproved actJune shall30, take2021 effectPublic asAct followsNo. and shall amend the following sections:

Section21-107 19 from passage 31-275(16) LCO 5812 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00660-8 of 9 R03-SB.docx } Committee Bill No.

660 Sec.

2 from passage 31-294k LAB Joint Favorable APP Joint Favorable {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00660- LCO 5812 R03-SB.docx } 9 of 9