HomeMy WebLinkAbout116-14 RESOLUTIONRESOLUTION NO. 116-14
A RESOLUTION TO EXPRESS THE CITY COUNCIL'S SUPPORT OF A
LEGISLATIVE ENACTMENT TO PROVIDE FOR WORKERS
COMPENSATION INSURANCE COVERAGE FOR EMERGENCY
RESPONDERS FOR WORK-RELATED MENTAL INJURY OR ILLNESS
WHEREAS, under current Arkansas law, workers compensation plans cannot cover a
proven work-related mental injury or illness unless the employee also experienced a physical
injury at the same time, or if the employee is a victim of a crime while acting in the line of duty;
and
WHEREAS, emergency responders should have the benefit of workers compensation
coverage for mental injuries or illnesses when they occur due to a work-related incident.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses
its support of a legislative enactment to provide for workers compensation insurance coverage
for mental injury or illness for emergency responders when those mental injuries or illnesses
occur due to a work-related incident.
PASSED and APPROVED this 1st day of July, 2014.
APPROVED: , ATTEST:
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Mayor
By:
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SONDRA E. SMITH, City Clerk/Treasurer
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Mayor Jordan
Submitted By
City of Fayetteville Item Review Form
2014-0260
Legistar File Number
7-1-2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Action Required:
Administration
Department
A Resolution in support of state legislation which would authorize Workers Compensation Insurance to
cover mental injuries and illnesses of emergency responders.
Does this item have a cost?
No
Cost of this request
Account Number
Project Number
Budgeted Item?
No
Category or Project Budget Program or Project Name
Funds Used to Date Program or Project Category
$0.00
Remaining Balance Fund Name
Budget Adjustment Attached?
No
Previous Ordinance or Resolution #
Original Contract Number:
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V20130812
CITY OF
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MEETING OF JULY 1, 2014
TO: City Council
FROM: Mayor Lioneld Jordan
DATE: June 10, 2014
CITY COUNCIL AGENDA MEMO
SUBJECT: A Resolution in support of state legislation which would authorize Workers
Compensation Insurance to cover mental injuries and illnesses of emergency
responders.
RECOMMENDATION:
A Resolution for the City Council to support state legislation which would provide for worker
compensation insurance coverage for mental injuries and illness of emergency responders.
BACKGROUND:
The City of Fayetteville would like to have our workers compensation insurance that we buy be
allowed to cover mental work injuries for emergency responders, but under current law, we are
prohibited.
DISCUSSION
Under existing Arkansas law, workers compensation plans cannot cover a proven work -caused
mental injury unless the employee also experienced a physical injury at the same time, or the
employee is a victim of a crime while acting in the line of duty.
These emergency responders should not have to bear the burden of these injuries by
themselves. When these injuries occur due to a work related incident, they should be covered
by the worker's compensation law.
BUDGET/STAFF IMPACT:
None
Attachments:
Bill for the 2015 Legislative session authored by Senator Jon Woods.
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayettevi l le -a r.g ov
RESOLUTION NO.
A RESOLUTION TO EXPRESS THE CITY COUNCIL'S SUPPORT OF A
LEGISLATIVE ENACTMENT TO PROVIDE FOR WORKERS
COMPENSATION INSURANCE COVERAGE FOR EMERGENCY
RESPONDERS FOR WORK-RELATED MENTAL INJURY OR ILLNESS
WHEREAS, under current Arkansas law, workers compensation plans cannot cover a
proven work-related mental injury or illness unless the employee also experienced a physical
injury at the same time, or if the employee is a victim of a crime while acting in the line of duty;
and
WHEREAS, emergency responders should have the benefit of workers compensation
coverage for mental injuries or illnesses when they occur due to a work-related incident.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses
its support of a legislative enactment to provide for workers compensation insurance coverage
for mental injury or illness for emergency responders when those mental injuries or illnesses
occur due to a work-related incident.
PASSED and APPROVED this 1st day of July, 2014.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Stricken language would be deleted from and underlined Ianguage would be added to present Iaw.
1 State of Arkansas
2 90th General Assembly A B ill ANS/ANS
3 Regular Session, 2015 SENA FE BILL
4
5 By: Senator J. Woods
6
7 For An Act To Be Entitled
8 AN ACT TO PROVIDE FOR THE COMPENSABILITY OF MENTAL
9 INJURY OR ILLNESS FOR EMERGENCY RESPONDERS; TO AMEND
10 A PORTION OF THE ARKANSAS CODE WHICH RESULTED FROM
11 INITIATED ACT 4 OF 1948; AND FOR OTHF,R PURPOSES.
12
13
14 Subtitle
15 TO PROVIDE FOR THE COMPENSABILITY OF
16 MENTAL INJURY OR ILLNESS FOR EMERGENCY
17 RESPONDERS AND TO AMEND A PORTION OF THE
18 ARKANSAS CODE WHICH RESULTED FROM
19 INITIATED ACT 4 OF 1948.
20
21
22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
23
24 SECTION 1. Arkansas Code § 11-9-113(a)(1), concerning compensability
25 of mental injury or illness, is amended to read as follows:
26 11-9-113. Mental injury or illness.
27 (a)(1) A mental injury or illness is not a compensable injury unless
28 it is caused by physical injury to the employee's bodyy and shall not be
29 considered an injury arising out of and in the course of employment or
30 compensable unless it is demonstrated by a preponderance of the evidence;
31 provided, however, that this physical injury limitation shall not apply to
32 any victim of a crime of violence or as provided by § 11-9-119.
33
34 SECTION 2. Arkansas Code Title 11, Chapter 9, Subchapter 1, is amended
35 to add an additional section to read as follows:
36 11-9-119. Mental injury or illness -- Emergency responder.
DRAFT
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1 (a) As used in this section:
2 (1) "Disaster" means a tornado, storm, flood, high water,
3 earthquake, fire, radiological incident, air or surface -borne toxic or other
4 hazardous material contamination, .or other emergency, whether manmade or
5 resulting from natural causes;
6 (2)(A) "Emergency" means an unforeseen circumstance, occurrence,
7 or condition, whether man-made or resulting from natural causes.
8 (B) "Emergency" includes without limitation:
9 (i) An accident involving a motor vehicle or another
10 mode of transportation;
11 (ii) A disaster; or
12 (iii) The scene of a criminal act or crime of
13 violence; and
14 (3)(A) "Emergency responder" means an employee who:
15 (i) Is authorized in the course of his or her
16 employment to respond or assist in a disaster or emergency;
17 (ii) Is acting in an assigned role in public safety
18 and emergency services; and
19 (iii) Responds to the scene of a disaster or an
20 emergency.
21 (B) "Emergency responder" may include without limitation:
22 (i) Law enforcement officers; and
23 (ii) Firefighters.
24 (b) For purposesof this section and the payment of workers'
25 compensation benefits, an emergency responder is considered to be an employee
26 of the emergency responder's employer as provided by § 12-75-129.
27 (c) A mental injury or illness of an emergency responder is considered
28 a compensable injury under this section if:
29 (1) By a preponderance of the evidence the injury is
30 demonstrated to be arising out of and in the course of the emergency
31 responder's employment;
32 (2) It is diagnosed by a licensed psychiatrist or psychologist;
33 and
34 (3) The diagnosis meets the criteria established in the most
35 current issue of the Diagnostic and Statistical Manual of Mental Disorders.
36 (d) Before filing a workers' compensation claim for mental injury or
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SB
1 illness under this section, an emergency responder shall participate in at
2 least one (1) employee assistance program that provides counseling services
3 if offered by his or her employer.
4 (e) Notwithstanding any other provision of this chapter, a claim for
5 mental injury or illness is limited to twenty-six (26) weeks of disability
6 benefits.
7 (f) If death results directly from the mental injury or illness of an
8 emergency responder, compensation shall be paid to his or her dependents as
9 provided in other death cases under this chapter.
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