Reference is to the bill as introduced.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 42-1-160 of the 1976 Code, as last amended by Act 111 of 2007, is further amended to read:
(A) 'Injury' and 'personal injury'
mean only injury by accident arising out of and in the course of
employment and shall not include a disease in any form, except
when it results naturally and unavoidably from the accident and
except such diseases as are compensable under the provisions of
Chapter 11 of this title. In construing this section, an
accident arising out of and in the course of employment includes
employment of an employee of a municipality outside the
corporate limits of the municipality when the employment was
ordered by a duly authorized employee of the municipality.
(B) Stress, mental injuries, and mental illness arising out of and in the course of employment unaccompanied by physical injury and resulting in mental illness or injury are not considered a personal injury unless the employee establishes, by a preponderance of the evidence
(1) that the employee's employment conditions causing the stress, mental injury, or mental illness were extraordinary and unusual in comparison to the normal conditions of the particular employment; and
(2) the medical causation between the stress, mental injury, or mental illness, and the stressful employment conditions by medical evidence.
(C) The provisions of subsection (B)(1) do not apply, however, if the employment causing the stress, mental injury, or mental illness occurred under the following conditions:
(1) the employee is employed as a fire fighter, law enforcement officer, emergency medical technician, or correctional officer; and
(2) the conditions giving rise to the stress, mental injury, or mental illness occur while the employee is engaged in an event or series of events that are part of the employee's employment.
Stress, mental injuries, heart attacks, strokes,
embolisms, or aneurisms arising out of and in the course of
employment unaccompanied by physical injury are not considered
compensable if they result from any event or series of events
which are incidental to normal employer/employee relations
including, but not limited to, personnel actions by the employer
such as disciplinary actions, work evaluations, transfers,
promotions, demotions, salary reviews, or terminations, except
when these actions are taken in an extraordinary and unusual
Stress, mental injuries, and mental illness alleged to
have been aggravated by a work-related physical injury may not
be found compensable unless the aggravation is:
(1) admitted by the employer/carrier;
(2) noted in a medical record of an authorized physician that, in the physician's opinion, the condition is at least in part causally-related or connected to the injury or accident, whether or not the physician refers the employee for treatment of the condition;
(3) found to be causally-related or connected to the accident or injury after evaluation by an authorized psychologist or psychiatrist; or
(4) noted in a medical record or report of the employee's physician as causally-related or connected to the injury or accident.
In medically complex cases, an employee shall establish by
medical evidence that the injury arose in the course of
employment. For purposes of this subsection, 'medically complex
cases' means sophisticated cases requiring highly scientific
procedures or techniques for diagnosis or treatment excluding
MRIs, CAT scans, x-rays, or other similar diagnostic techniques.
The word 'accident' as used in this title must not be
construed to mean a series of events in employment, of a similar
or like nature, occurring regularly, continuously, or at
frequent intervals in the course of such employment, over
extended periods of time. Any injury or disease attributable to
such causes must be compensable only if culminating in a
compensable repetitive trauma injury pursuant to Section
42-1-172 or an occupational disease pursuant to the provisions
of Chapter 11 of this title.
As used in this section, 'medical evidence' means expert
opinion or testimony stated to a reasonable degree of medical
certainty, documents, records, or other material that is offered
by a licensed health care provider."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.