AB 410 — Revises provisions relating to industrial insurance. (BDR 53-1030)

(ReprintedAssembly withBill amendmentsNo. adopted on April 21, 2023) FIRST REPRINT A.B.

410410–Assemblymen AJauregui, SSEMBLYYeager, BILLO’Neill NOand .Monroe-Moreno Joint Sponsors:

410–ASSEMBLYMENSenators JAUREGUIPazina, ,Spearman YEAGER , O’N EILL AND M ONROE -MORENO M ARCH 27, 2023 ____________ Referred to Committee on Commerce and LaborStone SUMMARY—RevisesCHAPTER.......... provisions relating to industrial insurance.

(BDR 53-1030) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

CONTAINS UNFUNDED MANDATE (§ 1) (NOTR EQUESTED AFFECTEDLOCALGOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Under existing law, with certain exceptions, an injury or disease sustained by an employee causedcan prove by stressclear isand compensableconvincing undermedical industrialor insurancepsychiatric onlyevidence ifthat:he (1) the employee canhas provea bymental clearinjury andcaused convincingby medicalextreme orstress psychiatricin evidencetime that:of danger;

(1) the employee has a mental injury caused by extreme stress in time of danger;

and (3) the stress was not caused by a layoff, termination clear and convincing medical or psychiatricdisciplinary evidenceaction. that the mental injury wasby primarily caused by the first responder witnessing an event of a certain specified type during the course of his or her employment.

Existing law provides that a first responder may prove by clear and convincing medical or psychiatric evidence that the mental injury was type during the course of his or her employment.

(NRS 616C.180) Section 1 of this bill expands the stress-related injuries that may be compensable under industrial insurance under certain circumstances to include a mental injury which afflicts a first responder and which is caused by extreme stress for which the primary cause was witnessing an event or series of events that arosearosess out of and during the course of employment and involved:

or (2) an injury, or - *AB410_R1* – 2 – the aftermath of an injury, that involves grievous bodily harm of a nature that shocks the conscience.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

[Any] Except as otherwise provided in subsection 4, any ailment or disorder caused by any gradual mental stimulus, and any death- or82nd disabilitySession ensuing(2023) therefrom,– shall2 be– deemed not to be an injury or disease arising out of and in the course of employment.employment.an 3.

3.

An injury or disease caused by stress shall be deemed to arise out of and in the course of employment [, and shall not be deemed the result of gradual mental stimulus,] if the employee is a first responder and proves by clear and convincing medical or psychiatricpsy(a) evidenceThe that:employee has a mental injury caused by extreme stress due to the employee directly witnessing:

(a) The employee has a mental injury caused by extreme stress due to the employee directly witnessing:

An injury or disease caused by stress shall be deemed to arise out of and in the course of employment, and shall not be - *AB410_R1* – 3 – deemed the result of gradual mental stimulus, if the employee is employed by the State or any of its agencies or political subdivisions and proves by clear and convincing medical or psychiatric evidence that:tha(a) The employee has a mental injury caused by extreme stress due to the employee responding to a mass casualty incident;

(a) The employee has a mental injury caused by extreme stress due to the employee responding to a mass casualty incident;

An agency which employs a first responder, including, without limitation, a first responder who serves as a volunteer, shall provide educational training to the first responder related to the - 82nd Session (2023) – 3 – awareness, prevention, mitigation and treatment of mental health issues.

8.

As used in this section:

Sec.Secs.

2.2 and 3.

3.

(Deleted by amendment.) Sec.

H~~~~~ 23 - *AB410_R1*82nd Session (2023)