hb 0232

CHAPTER 47

HB 232 - FINAL VERSION

AN ACT relative to compensability of work-related stress injuries under the workers' compensation act and relative to election of remedies for wrongful termination or constructive discharge.

SPONSORS: Rep. Clegg, Hills 23; Rep. Hess, Merr 11; Rep. Buckley, Hills 44; Rep. S. L'Heureux, Merr 11; Sen. Francoeur, Dist 14; Sen. Eaton, Dist 10; Sen. Barnes, Dist 17; Sen. Burns, Dist 1; Sen. Flanders, Dist 7

This bill provides that a mental injury is not compensable under the workers' compensation act if such mental injury results from any disciplinary action, work evaluation, job transfer, layoff, demotion, termination or any similar action, taken in good faith by the employer.

This bill also clarifies certain issues regarding remedies for wrongful termination or constructive discharge.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to compensability of work-related stress injuries under the workers' compensation act and relative to election of remedies for wrongful termination or constructive discharge.

Be it Enacted by the Senate and House of Representatives in General Court convened:

47:1 Definition of "Injury"; Certain Mental Injuries Not Compensable. Amend RSA 281-A:2, XI to read as follows:

XI. "Injury" or "personal injury" as used in and covered by this chapter means accidental injury or death arising out of and in the course of employment, or any occupational disease or resulting death arising out of and in the course of employment, including disability due to radioactive properties or substances or exposure to ionizing radiation. "Injury" or "personal injury" shall not include diseases or death resulting from stress without physical manifestation. "Injury" or "personal injury" shall not include a mental injury if it results from any disciplinary action, work evaluation, job transfer, layoff, demotion, termination, or any similar action, taken in good faith by an employer. No compensation shall be allowed to an employee for injury proximately caused by the employee's willful intention to injure himself or injure another. Conditions of the aging process, including but not limited to heart and cardiovascular conditions, shall be compensable only if contributed to or aggravated or accelerated by the injury. Notwithstanding any law to the contrary, "injury" or "personal injury" shall not mean accidental injury, disease, or death resulting from participation in athletic/recreational activities, on or off premises, unless the employee reasonably expected, based on the employer's instruction or policy, that such participation was a condition of employment or was required for promotion, increased compensation, or continued employment.

47:2 New Paragraph; Wrongful Termination or Constructive Discharge. Amend RSA 281-A:8 by inserting after paragraph II the following new paragraph:

III. Nothing in this chapter shall derogate from any rights a former employee may have under common law or other statute to recover damages for wrongful termination of, or constructive discharge from, employment. However, if a former employee makes a claim under this chapter for compensation for injuries allegedly caused by such wrongful termination or constructive discharge, the employee shall be deemed to have elected the remedies of this chapter, and to have waived rights to recover damages for such wrongful termination or constructive discharge under common law or other statute. Similarly, if a former employee brings an action under common law or other statute to recover damages for such wrongful termination or constructive discharge, the employee shall be deemed to have waived claims under this chapter for compensation allegedly caused by such termination or discharge.