HF 3873

as introduced - 89th Legislature (2015 - 2016) Posted on 04/26/2016 07:39am

A bill for an act
relating to workers' compensation; modifying occupational disease provisions;
amending Minnesota Statutes 2014, section 176.011, subdivision 15.

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

Section 1.

Minnesota Statutes 2014, section 176.011, subdivision 15, is amended to read:

Subd. 15.

Occupational disease.

(a) "Occupational disease" means a mental
impairment as defined in paragraph (d) or physical 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. Physical stimulus resulting in mental injury and mental stimulus resulting
in physical injury shall remain compensable. Mental impairment is not considered a
disease if it results from a disciplinary action, work evaluation, job transfer, layoff,
demotion, promotion, termination, retirement, or similar action taken in good faith by the
employer. 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.

(d) For the purposes of this chapter, "mental impairment" means a diagnosis of
post-traumatic stress disorder by a licensed psychiatrist or psychologist. For the purposes
of this chapter, "post-traumatic stress disorder" means the condition as described in
the most recently published edition of the Diagnostic and Statistical Manual of Mental
Disorders by the American Psychiatric Association. For purposes of section 79.34,
subdivision 2, one or more compensable mental impairment claims arising out of a single
event or occurrence shall constitute a single loss occurrence.

new text begin (e) If, preceding the date of disablement or death, an employee who was employed
(1) as a licensed police officer under section 626.84, subdivision 1; firefighter; paramedic;
emergency medical technician; or licensed nurse providing emergency medical care; or (2)
on active duty as a forest officer by the Department of Natural Resources, state correctional
officer, sheriff or full-time deputy sheriff of any county; or a member of the Minnesota
State Patrol, conservation officer service, state crime bureau, is diagnosed with a mental
impairment as defined in paragraph (d), and had not been diagnosed with the mental
impairment previously, then the mental impairment is presumptively an occupational
disease and shall be presumed to have been due to the nature of employment. The mental
impairment is not considered an occupational disease if it results from a disciplinary
action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement,
or similar action taken in good faith by the employer.
new text end