SF 559

Introduction - 84th Legislature (2005 - 2006)

Posted on 12/15/2009 12:00 a.m.

A bill for an act
relating to workers' compensation; providing coverage
for mental injury caused by mental stress; amending
Minnesota Statutes 2004, section 176.011, subdivision
16.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 176.011,
subdivision 16, is amended to read:

Subd. 16.

Personal injury.

"Personal injury" means
injury arising out of and in the course of employment and
includes personal injury caused by occupational disease; but
does not cover an employee except while engaged in, on, or about
the premises where the employee's services require the
employee's presence as a part of that service at the time of the
injury and during the hours of that service. Where the employer
regularly furnished transportation to employees to and from the
place of employment, those employees are subject to this chapter
while being so transported. new text begin Personal injury includes a mental
injury, with or without an attendant physical injury, caused by
mental stress arising out of and in the course of employment if
the stress was beyond the ordinary day-to-day stresses to which
all employees are exposed. new text end Personal injury does not include an
injury caused by the act of a third person or fellow employee
intended to injure the employee because of personal reasons, and
not directed against the employee as an employee, or because of
the employment. An injury or disease resulting from a vaccine
in response to a declaration by the Secretary of the United
States Department of Health and Human Services under the Public
Health Service Act to address an actual or potential health risk
related to the employee's employment is an injury or disease
arising out of and in the course of employment.