HOUSE
                       3rd Reading Unamended
       April 18, 2016          HOUSE
       Amended 2nd Reading
                      April 15, 2016Second Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 16-0497.02 Kristen Forrestal x4217HOUSE BILL 16-1399
                    HOUSE SPONSORSHIP
 Singer, 
 
                   SENATE SPONSORSHIP
 Newell, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Public Health Care & Human Services
 
 
 
 Appropriations
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning a prohibition on the denial of a workers'
            compensation claim for mental impairment based on the
            occupation of a worker, and, in connection therewith,
            making an appropriation.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill clarifies that a workers' compensation claim for mental
       impairment may not be denied based on the occupation of the worker.
       Each claimant is required to be evaluated by a licensed, level II fully
       accredited physician, psychiatrist, or psychologist.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 8-41-301, amend (2)
       (a) as follows:
            8-41-301.  Conditions of recovery - definition. (2) (a)  A claim
       of mental impairment must be proven by evidence supported by the
       testimony of a licensed physician or psychologist. A claim for mental
       impairment benefits pursuant to this section may not be denied
       based solely on the occupation of the worker. Each claimant
       must be evaluated as to that individual's medical condition by
       a Colorado-licensed, level II fully accredited physician, a
       licensed psychiatrist, or a licensed psychologist. For purposes of
       this subsection (2), "mental impairment" means a recognized, permanent
       disability arising from an accidental injury arising out of and in the course
       of employment when the accidental injury involves no physical injury and
       consists of a psychologically traumatic event that is generally outside of
       a worker's usual experience and would evoke significant symptoms of
       distress in a worker in similar circumstances. A mental impairment shall
       not be considered to arise out of and in the course of employment 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. The mental impairment that is the basis of the
       claim shall have arisen primarily from the claimant's then occupation and
       place of employment in order to be compensable.
            SECTION 2.  Appropriation. (1)  For the 2016-17 state fiscal
       year, $24,072 is appropriated to the department of labor and employment
       for use by the division of workers' compensation. This appropriation is
       from the workers' compensation cash fund created in section 8-44-112 (7)
       (a), C.R.S. To implement this act, the division may use this appropriation
       as follows:
            (a)  $23,787 for personal services related to workers'
       compensation, which amount is based on an assumption that the division
       will require an additional 0.3 FTE; and
            (b)  $285 for operating expenses related to workers' compensation.
            SECTION 3.  Act subject to petition - effective date. This act
       takes effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly (August
       10, 2016, if adjournment sine die is on May 11, 2016); except that, if a
       referendum petition is filed pursuant to section 1 (3) of article V of the
       state constitution against this act or an item, section, or part of this act
       within such period, then the act, item, section, or part will not take effect
       unless approved by the people at the general election to be held in
       November 2016 and, in such case, will take effect on the date of the
       official declaration of the vote thereon by the governor.