Bill Text: MN HF1441 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Occupational disease and personal injury definitions modified.
Sponsorship: Partisan Bill (Democrat 7)
Status: (Introduced - Dead) 2013-03-11 - Introduction and first reading, referred to Labor, Workplace and Regulated Industries [HF1441 Detail]
Download: Minnesota-2013-HF1441-Introduced.html
1.2relating to workers' compensation; modifying the definitions of occupational
1.3disease and personal injury;amending Minnesota Statutes 2012, section 176.011,
1.4subdivisions 15, 16.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 176.011, subdivision 15, is amended to read:
1.7 Subd. 15. Occupational disease. (a) "Occupational disease" means a physical or
1.8mental disease arising out of and in the course of employment peculiar to the occupation
1.9in which the employee is engaged and due to causes in excess of the hazards ordinary of
1.10employment and shall include undulant fever. An occupational disease arising from mental
1.11stress is compensable only where there is exposure to conditions or circumstances beyond
1.12the ordinary stresses of daily life. Ordinary diseases of life to which the general public is
1.13equally exposed outside of employment are not compensable, except where the diseases
1.14follow as an incident of an occupational disease, or where the exposure peculiar to the
1.15occupation makes the disease an occupational disease hazard. A disease arises out of the
1.16employment only if there be a direct causal connection between the conditions under which
1.17the work is performed and if the occupational disease follows as a natural incident of the
1.18work as a result of the exposure occasioned by the nature of the employment. An employer
1.19is not liable for compensation for any occupational disease which cannot be traced to the
1.20employment as a direct and proximate cause and is not recognized as a hazard characteristic
1.21of and peculiar to the trade, occupation, process, or employment or which results from a
1.22hazard to which the worker would have been equally exposed outside of the employment.
1.23(b) If immediately preceding the date of disablement or death, an employee was
1.24employed on active duty with an organized fire or police department of any municipality,
2.1as a member of the Minnesota State Patrol, conservation officer service, state crime bureau,
2.2as a forest officer by the Department of Natural Resources, state correctional officer, or
2.3sheriff or full-time deputy sheriff of any county, and the disease is that of myocarditis,
2.4coronary sclerosis, pneumonia or its sequel, and at the time of employment such employee
2.5was given a thorough physical examination by a licensed doctor of medicine, and a written
2.6report thereof has been made and filed with such organized fire or police department, with
2.7the Minnesota State Patrol, conservation officer service, state crime bureau, Department
2.8of Natural Resources, Department of Corrections, or sheriff's department of any county,
2.9which examination and report negatived any evidence of myocarditis, coronary sclerosis,
2.10pneumonia or its sequel, the disease is presumptively an occupational disease and shall
2.11be presumed to have been due to the nature of employment. If immediately preceding
2.12the date of disablement or death, any individual who by nature of their position provides
2.13emergency medical care, or an employee who was employed as a licensed police officer
2.14under section626.84, subdivision 1 ; firefighter; paramedic; state correctional officer;
2.15emergency medical technician; or licensed nurse providing emergency medical care; and
2.16who contracts an infectious or communicable disease to which the employee was exposed
2.17in the course of employment outside of a hospital, then the disease is presumptively an
2.18occupational disease and shall be presumed to have been due to the nature of employment
2.19and the presumption may be rebutted by substantial factors brought by the employer
2.20or insurer. Any substantial factors which shall be used to rebut this presumption and
2.21which are known to the employer or insurer at the time of the denial of liability shall be
2.22communicated to the employee on the denial of liability.
2.23(c) A firefighter on active duty with an organized fire department who is unable
2.24to perform duties in the department by reason of a disabling cancer of a type caused
2.25by exposure to heat, radiation, or a known or suspected carcinogen, as defined by the
2.26International Agency for Research on Cancer, and the carcinogen is reasonably linked to
2.27the disabling cancer, is presumed to have an occupational disease under paragraph (a). If a
2.28firefighter who enters the service after August 1, 1988, is examined by a physician prior to
2.29being hired and the examination discloses the existence of a cancer of a type described
2.30in this paragraph, the firefighter is not entitled to the presumption unless a subsequent
2.31medical determination is made that the firefighter no longer has the cancer.
2.32 Sec. 2. Minnesota Statutes 2012, section 176.011, subdivision 16, is amended to read:
2.33 Subd. 16. Personal injury. "Personal injury" means physical or mental injury
2.34arising out of and in the course of employment and includes personal injury caused by
2.35occupational disease; but does not cover an employee except while engaged in, on, or
3.1about the premises where the employee's services require the employee's presence as a part
3.2of that service at the time of the injury and during the hours of that service. Personal injury
3.3arising from mental stress is compensable only where there is exposure to conditions or
3.4circumstances beyond the ordinary stresses of daily life. Where the employer regularly
3.5furnished transportation to employees to and from the place of employment, those
3.6employees are subject to this chapter while being so transported. Personal injury does
3.7not include an injury caused by the act of a third person or fellow employee intended to
3.8injure the employee because of personal reasons, and not directed against the employee
3.9as an employee, or because of the employment. An injury or disease resulting from a
3.10vaccine in response to a declaration by the Secretary of the United States Department of
3.11Health and Human Services under the Public Health Service Act to address an actual or
3.12potential health risk related to the employee's employment is an injury or disease arising
3.13out of and in the course of employment.
1.3disease and personal injury;amending Minnesota Statutes 2012, section 176.011,
1.4subdivisions 15, 16.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 176.011, subdivision 15, is amended to read:
1.7 Subd. 15. Occupational disease. (a) "Occupational disease" means a physical or
1.8mental disease arising out of and in the course of employment peculiar to the occupation
1.9in which the employee is engaged and due to causes in excess of the hazards ordinary of
1.10employment and shall include undulant fever. An occupational disease arising from mental
1.11stress is compensable only where there is exposure to conditions or circumstances beyond
1.12the ordinary stresses of daily life. Ordinary diseases of life to which the general public is
1.13equally exposed outside of employment are not compensable, except where the diseases
1.14follow as an incident of an occupational disease, or where the exposure peculiar to the
1.15occupation makes the disease an occupational disease hazard. A disease arises out of the
1.16employment only if there be a direct causal connection between the conditions under which
1.17the work is performed and if the occupational disease follows as a natural incident of the
1.18work as a result of the exposure occasioned by the nature of the employment. An employer
1.19is not liable for compensation for any occupational disease which cannot be traced to the
1.20employment as a direct and proximate cause and is not recognized as a hazard characteristic
1.21of and peculiar to the trade, occupation, process, or employment or which results from a
1.22hazard to which the worker would have been equally exposed outside of the employment.
1.23(b) If immediately preceding the date of disablement or death, an employee was
1.24employed on active duty with an organized fire or police department of any municipality,
2.1as a member of the Minnesota State Patrol, conservation officer service, state crime bureau,
2.2as a forest officer by the Department of Natural Resources, state correctional officer, or
2.3sheriff or full-time deputy sheriff of any county, and the disease is that of myocarditis,
2.4coronary sclerosis, pneumonia or its sequel, and at the time of employment such employee
2.5was given a thorough physical examination by a licensed doctor of medicine, and a written
2.6report thereof has been made and filed with such organized fire or police department, with
2.7the Minnesota State Patrol, conservation officer service, state crime bureau, Department
2.8of Natural Resources, Department of Corrections, or sheriff's department of any county,
2.9which examination and report negatived any evidence of myocarditis, coronary sclerosis,
2.10pneumonia or its sequel, the disease is presumptively an occupational disease and shall
2.11be presumed to have been due to the nature of employment. If immediately preceding
2.12the date of disablement or death, any individual who by nature of their position provides
2.13emergency medical care, or an employee who was employed as a licensed police officer
2.14under section
2.15emergency medical technician; or licensed nurse providing emergency medical care; and
2.16who contracts an infectious or communicable disease to which the employee was exposed
2.17in the course of employment outside of a hospital, then the disease is presumptively an
2.18occupational disease and shall be presumed to have been due to the nature of employment
2.19and the presumption may be rebutted by substantial factors brought by the employer
2.20or insurer. Any substantial factors which shall be used to rebut this presumption and
2.21which are known to the employer or insurer at the time of the denial of liability shall be
2.22communicated to the employee on the denial of liability.
2.23(c) A firefighter on active duty with an organized fire department who is unable
2.24to perform duties in the department by reason of a disabling cancer of a type caused
2.25by exposure to heat, radiation, or a known or suspected carcinogen, as defined by the
2.26International Agency for Research on Cancer, and the carcinogen is reasonably linked to
2.27the disabling cancer, is presumed to have an occupational disease under paragraph (a). If a
2.28firefighter who enters the service after August 1, 1988, is examined by a physician prior to
2.29being hired and the examination discloses the existence of a cancer of a type described
2.30in this paragraph, the firefighter is not entitled to the presumption unless a subsequent
2.31medical determination is made that the firefighter no longer has the cancer.
2.32 Sec. 2. Minnesota Statutes 2012, section 176.011, subdivision 16, is amended to read:
2.33 Subd. 16. Personal injury. "Personal injury" means physical or mental injury
2.34arising out of and in the course of employment and includes personal injury caused by
2.35occupational disease; but does not cover an employee except while engaged in, on, or
3.1about the premises where the employee's services require the employee's presence as a part
3.2of that service at the time of the injury and during the hours of that service. Personal injury
3.3arising from mental stress is compensable only where there is exposure to conditions or
3.4circumstances beyond the ordinary stresses of daily life. Where the employer regularly
3.5furnished transportation to employees to and from the place of employment, those
3.6employees are subject to this chapter while being so transported. Personal injury does
3.7not include an injury caused by the act of a third person or fellow employee intended to
3.8injure the employee because of personal reasons, and not directed against the employee
3.9as an employee, or because of the employment. An injury or disease resulting from a
3.10vaccine in response to a declaration by the Secretary of the United States Department of
3.11Health and Human Services under the Public Health Service Act to address an actual or
3.12potential health risk related to the employee's employment is an injury or disease arising
3.13out of and in the course of employment.
