A panel of lawmakers advanced legislation Tuesday to extend workers' compensation benefits to cover post-traumatic stress disorder and other "mental injuries" not necessarily tied to physical injury.
Currently, PTSD among Wyoming's firefighters, law enforcement, emergency responders and other workers isn't considered compensable under Wyoming's set of statutes guiding the state workers' compensation division.
However, both legislators and business proponents told the Joint Labor, Health and Social Services Interim Committee that any bill must have protection against disingenuous claims.
"I would like to be able to support this concept. There are circumstances for this. But (legislation) should be drawn very tightly," said lobbyist Tom Jones, who represents the National Federation of Independent Business.
The "mental injury" draft legislation has appeared in three different drafts, which includes one worked up by the Select Committee on Mental Health and Substance Abuse Services. On Tuesday, the labor committee worked from draft 156, which includes several safeguards against unintended uses.
For example, a pre-existing mental condition would be compensable only if a "material aggravation" during the course of a person's normal work duties is "established by clear and convincing evidence." Mental injuries would not include conditions that result from routine personnel actions, such as receiving a bad review or being fired.
An analysis of covering non-physical injury-related mental injuries by consultant Marsh Oliver Wyman estimated it would provide additional coverage and expenses of $1.1 million annually. But that figure was based on the consultant's own set of recommendations:
* Define criteria for a valid mental diagnosis.
* Specify that work must be the primary cause.
* Condition must be the result of extraordinary circumstances.
* Onset of mental injury must be sudden.
* Exclude any routine personnel actions.
Draft legislation already reflected much of the Marsh Oliver Wyman recommendations, with the exception of a requirement that the cause or onset a compensable mental injury "must be sudden."
Rep. Jerry Iekel, R-Sheridan, said it's common that symptoms of PTSD won't show up until months after a traumatic event.
Rep. Elaine Harvey, R-Lovell, said a provision in the draft allowing for up to six months to file a mental injury claim was designed to cover PTSD.
The joint labor committee will resume work on the mental injury bill, as well as a comprehensive bill to increase benefits to injured workers, when it meets again in December.
Contact energy reporter Dustin Bleizeffer at 307-577-6069 or dustin.bleizeffer@trib.com.
Posted in State-and-regional on Wednesday, September 17, 2008 12:00 am | Tags: Wyoming, Workers, Compensation, Legislation, Ptsd, Post, Traumatic, Stress, Disorder, Dustin, Bleizeffer, September, 17, 2008
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