SB 127 - AS INTRODUCED
2001 SESSION
01/10
SENATE BILL 127
AN ACT relative to stress-related injuries under workers' compensation.
SPONSORS: Sen. Francoeur, Dist 14; Sen. Prescott, Dist 19; Sen. Roberge, Dist 9; Sen. Eaton, Dist 10; Sen. Flanders, Dist 7; Sen. Johnson, Dist 3; Sen. Burns, Dist 1; Sen. Barnes, Dist 17; Rep. Clegg, Hills 23
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.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01-0660 01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT relative to stress-related injuries under workers' compensation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Definition of "Injury"; Certain Mental Injures 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.
2 Effective Date. This act shall take effect 60 days after its passage.