Chief Sponsor: Karen Kwan

Senate Sponsor: Karen Mayne

7     Cosponsors:
8     Sandra Hollins
9     Eric K. Hutchings
10     Kelly B. Miles
11     Lee B. Perry
Val K. Potter
Paul Ray
Angela Romero
Casey Snider
Andrew Stoddard
Mark A. Strong
Mike Winder


14     General Description:
15          This bill establishes a working group to study a first responder's workers' compensation
16     claim due to mental stress.
17     Highlighted Provisions:
18          This bill:
19          ▸     defines "first responder";
20          ▸     establishes a temporary working group to study a first responder's workers'
21     compensation claim due to mental stress; and
22          ▸     makes technical changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:

29          34A-2-102, as last amended by Laws of Utah 2017, Chapter 363
30          63I-2-234, as last amended by Laws of Utah 2018, Chapter 281
31     ENACTS:
32          34A-2-107.2, Utah Code Annotated 1953

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 34A-2-102 is amended to read:
36          34A-2-102. Definition of terms.
37          (1) As used in this chapter:
38          (a) "Average weekly wages" means the average weekly wages as determined under
39     Section 34A-2-409.
40          (b) "Award" means a final order of the commission as to the amount of compensation
41     due:
42          (i) an injured employee; or
43          (ii) a dependent of a deceased employee.
44          (c) "Compensation" means the payments and benefits provided for in this chapter or
45     Chapter 3, Utah Occupational Disease Act.
46          (d) (i) "Decision" means a ruling of:
47          (A) an administrative law judge; or
48          (B) in accordance with Section 34A-2-801:
49          (I) the commissioner; or
50          (II) the Appeals Board.
51          (ii) "Decision" includes:
52          (A) an award or denial of a medical, disability, death, or other related benefit under this
53     chapter or Chapter 3, Utah Occupational Disease Act; or
54          (B) another adjudicative ruling in accordance with this chapter or Chapter 3, Utah
55     Occupational Disease Act.
56          (e) "Director" means the director of the division, unless the context requires otherwise.

57          (f) "Disability" means an administrative determination that may result in an entitlement
58     to compensation as a consequence of becoming medically impaired as to function. Disability
59     can be total or partial, temporary or permanent, industrial or nonindustrial.
60          (g) "Division" means the Division of Industrial Accidents.
61          (h) "First responder" means:
62          (i) a law enforcement officer, as defined in Section 53-13-103;
63          (ii) an emergency medical technician, as defined in Section 26-8c-102;
64          (iii) an advanced emergency medical technician, as defined in Section 26-8c-102;
65          (iv) a paramedic, as defined in Section 26-8c-102;
66          (v) a firefighter, as defined in Section 34A-3-113;
67          (vi) a dispatcher, as defined in Section 53-6-102; or
68          (vii) a correctional officer, as defined in Section 53-13-104.
69          [(h)] (i) "Impairment" is a purely medical condition reflecting an anatomical or
70     functional abnormality or loss. Impairment may be either temporary or permanent, industrial
71     or nonindustrial.
72          [(i)] (j) "Order" means an action of the commission that determines the legal rights,
73     duties, privileges, immunities, or other interests of one or more specific persons, but not a class
74     of persons.
75          [(j)] (k) (i) "Personal injury by accident arising out of and in the course of
76     employment" includes an injury caused by the willful act of a third person directed against an
77     employee because of the employee's employment.
78          (ii) "Personal injury by accident arising out of and in the course of employment" does
79     not include a disease, except as the disease results from the injury.
80          [(k)] (l) "Safe" and "safety," as applied to employment or a place of employment,
81     means the freedom from danger to the life or health of employees reasonably permitted by the
82     nature of the employment.
83          (2) As used in this chapter and Chapter 3, Utah Occupational Disease Act:
84          (a) "Brother or sister" includes a half brother or sister.

85          (b) "Child" includes:
86          (i) a posthumous child; or
87          (ii) a child legally adopted prior to an injury.
88          Section 2. Section 34A-2-107.2 is enacted to read:
89          34A-2-107.2. Mental Health Protections for First Responders Workgroup.
90          (1) There is created the Mental Health Protections for First Responders Workgroup
91     within the commission consisting of the following members:
92          (a) the commissioner or the commissioner's designee;
93          (b) one member of the Senate, appointed by the president of the Senate, and one
94     member of the House, appointed by the speaker of the House;
95          (c) three representatives of the workers' compensation insurance industry appointed by
96     the chair, one of whom is a voting member of the employer side of the Workers' Compensation
97     Advisory Council, as follows:
98          (i) one member representing the insurance carrier designated to write coverage for the
99     residual market;
100          (ii) one member representing an insurance carrier other than the carrier described in
101     Subsection (1)(c)(i); and
102          (iii) one member representing self-insured employers;
103          (d) one member representing the Division of Risk Management;
104          (e) four representatives of first responders appointed by the chair, one of whom is a
105     voting member of the employee side of the Workers' Compensation Advisory Council;
106          (f) one representative from the Utah League of Cities and Towns;
107          (g) one representative from the Utah Association of Counties;
108          (h) one representative from the Utah Association of Special Districts;
109          (i) the director of the Division of Substance Abuse and Mental Health, or the director's
110     designee; and
111          (j) as appointed by the chair, one or more individuals with expertise in mental stress or
112     occupational medicine to serve as ex officio, nonvoting members of the workgroup.

113          (2) The commissioner or the commissioner's designee is the chair of the workgroup.
114          (3) (a) A majority of the members of the workgroup constitutes a quorum.
115          (b) The action of a majority of a quorum constitutes the action of the workgroup.
116          (4) (a) The salary and expenses of each member of the workgroup who is a legislator
117     shall be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative
118     Compensation and Expenses.
119          (b) A member of the workgroup who is not a legislator may not receive compensation,
120     benefits, per diem, or travel expenses for the member's service on the workgroup.
121          (5) The commission shall provide staff support to the workgroup.
122          (6) The workgroup shall review and make recommendations on the following issues:
123          (a) the alleviation of barriers, including financial barriers, to mental health treatment
124     for first responders inside and outside of the workers' compensation system;
125          (b) statutory requirements for compensability of mental stress claims from first
126     responders under Chapter 2, Workers' Compensation Act, and Chapter 3, Utah Occupational
127     Disease Act;
128          (c) improving a first responder's accessibility to mental health treatment; and
129          (d) any additional issue that the workgroup:
130          (i) determines is an important issue related to workers' compensation for first
131     responders; and
132          (ii) decides to review.
133          (7) The workgroup shall present a final report on the items described in Subsection (6),
134     including any legislative recommendations, to the Business and Labor Interim Committee on or
135     before September 30, 2020.
136          Section 3. Section 63I-2-234 is amended to read:
137          63I-2-234. Repeal dates -- Title 34A.
138          Section 34A-2-107.2 is repealed January 1, 2021.