HF 1441

as introduced - 88th Legislature (2013 - 2014) Posted on 03/11/2013 02:43pm

A bill for an act
relating to workers' compensation; modifying the definitions of occupational
disease and personal injury; amending Minnesota Statutes 2012, section 176.011,
subdivisions 15, 16.

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

Section 1.

Minnesota Statutes 2012, section 176.011, subdivision 15, is amended to read:

Subd. 15.

Occupational disease.

(a) "Occupational disease" means a new text begin physical or
mental new text end disease arising out of and in the course of employment peculiar to the occupation
in which the employee is engaged and due to causes in excess of the hazards ordinary of
employment and shall include undulant fever. new text begin An occupational disease arising from mental
stress is compensable only where there is exposure to conditions or circumstances beyond
the ordinary stresses of daily life. new text end Ordinary diseases of life to which the general public is
equally exposed outside of employment are not compensable, except where the diseases
follow as an incident of an occupational disease, or where the exposure peculiar to the
occupation makes the disease an occupational disease hazard. A disease arises out of the
employment only if there be a direct causal connection between the conditions under which
the work is performed and if the occupational disease follows as a natural incident of the
work as a result of the exposure occasioned by the nature of the employment. An employer
is not liable for compensation for any occupational disease which cannot be traced to the
employment as a direct and proximate cause and is not recognized as a hazard characteristic
of and peculiar to the trade, occupation, process, or employment or which results from a
hazard to which the worker would have been equally exposed outside of the employment.

(b) If immediately preceding the date of disablement or death, an employee was
employed on active duty with an organized fire or police department of any municipality,
as a member of the Minnesota State Patrol, conservation officer service, state crime bureau,
as a forest officer by the Department of Natural Resources, state correctional officer, or
sheriff or full-time deputy sheriff of any county, and the disease is that of myocarditis,
coronary sclerosis, pneumonia or its sequel, and at the time of employment such employee
was given a thorough physical examination by a licensed doctor of medicine, and a written
report thereof has been made and filed with such organized fire or police department, with
the Minnesota State Patrol, conservation officer service, state crime bureau, Department
of Natural Resources, Department of Corrections, or sheriff's department of any county,
which examination and report negatived any evidence of myocarditis, coronary sclerosis,
pneumonia or its sequel, the disease is presumptively an occupational disease and shall
be presumed to have been due to the nature of employment. If immediately preceding
the date of disablement or death, any individual who by nature of their position provides
emergency medical care, or an employee who was employed as a licensed police officer
under section 626.84, subdivision 1; firefighter; paramedic; state correctional officer;
emergency medical technician; or licensed nurse providing emergency medical care; and
who contracts an infectious or communicable disease to which the employee was exposed
in the course of employment outside of a hospital, then the disease is presumptively an
occupational disease and shall be presumed to have been due to the nature of employment
and the presumption may be rebutted by substantial factors brought by the employer
or insurer. Any substantial factors which shall be used to rebut this presumption and
which are known to the employer or insurer at the time of the denial of liability shall be
communicated to the employee on the denial of liability.

(c) A firefighter on active duty with an organized fire department who is unable
to perform duties in the department by reason of a disabling cancer of a type caused
by exposure to heat, radiation, or a known or suspected carcinogen, as defined by the
International Agency for Research on Cancer, and the carcinogen is reasonably linked to
the disabling cancer, is presumed to have an occupational disease under paragraph (a). If a
firefighter who enters the service after August 1, 1988, is examined by a physician prior to
being hired and the examination discloses the existence of a cancer of a type described
in this paragraph, the firefighter is not entitled to the presumption unless a subsequent
medical determination is made that the firefighter no longer has the cancer.

Sec. 2.

Minnesota Statutes 2012, section 176.011, subdivision 16, is amended to read:

Subd. 16.

Personal injury.

"Personal injury" means new text begin physical or mental new text end 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. new text begin Personal injury
arising from mental stress is compensable only where there is exposure to conditions or
circumstances beyond the ordinary stresses of daily life. new text end 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. 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.