(1)The right to the
compensation provided for in articles 40 to 47 of this title, in lieu of any other
liability to any person for any personal injury or death resulting therefrom, shall
obtain in all cases where the following conditions occur:
(a)Where, at the time of the injury, both employer and employee are subject
to the provisions of said articles and where the employer has complied with the
provisions thereof regarding insurance;
(b)Where, at the time of the injury, the employee is performing service
arising out of and in the course of the employee's employment;
(c)Where the injury or death is proximately caused by an injury or
occupational disease arising out of and in the course of the employee's
employment and is not intentionally self-inflicted.
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(1) The right to the
compensation provided for in articles 40 to 47 of this title, in lieu of any other
liability to any person for any personal injury or death resulting therefrom, shall
obtain in all cases where the following conditions occur:
(a) Where, at the time of the injury, both employer and employee are subject
to the provisions of said articles and where the employer has complied with the
provisions thereof regarding insurance;
(b) Where, at the time of the injury, the employee is performing service
arising out of and in the course of the employee's employment;
(c) Where the injury or death is proximately caused by an injury or
occupational disease arising out of and in the course of the employee's
employment and is not intentionally self-inflicted.
(2) (a) A claim of mental impairment must be proven by evidence supported
by the testimony of a licensed psychiatrist or psychologist. 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, lay-off, demotion,
promotion, termination, retirement, or similar action taken in good faith by the
employer. The mental impairment that is the basis of the claim must have arisen
primarily from the claimant's then occupation and place of employment in order to
be compensable.
(a.5) Repealed.
(b) (I) Notwithstanding any other provision of articles 40 to 47 of this title 8,
where a claim is by reason of mental impairment, a claimant is limited to thirty-six
weeks of medical impairment benefits, which shall be in an amount not less than
one hundred fifty dollars per week and not more than fifty percent of the state
average weekly wage, inclusive of any temporary disability benefits; except that
this limitation shall not apply to any victim of a crime of violence, without regard to
the intent of the perpetrator of the crime, nor to the victim of a physical injury or
occupational disease that causes neurological brain damage.
(II) Nothing in this section limits the determination of the percentage of
impairment pursuant to section 8-42-107 (8) for the purposes of establishing the
applicable cap on benefits pursuant to section 8-42-107.5.
(c) The claim of mental impairment cannot be based, in whole or in part, upon
facts and circumstances that are common to all fields of employment.
(d) The mental impairment which is the basis of the claim must be, in and of
itself, either sufficient to render the employee temporarily or permanently disabled
from pursuing the occupation from which the claim arose or to require medical or
psychological treatment.
(3) As used in this section:
(a) 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. Mental impairment also includes a disability arising from an
accidental physical injury that leads to a recognized permanent psychological
disability.
(b) (I) Psychologically traumatic event means an event that is generally
outside of a worker's usual experience and would evoke significant symptoms of
distress in a worker in similar circumstances.
(II) Psychologically traumatic event also includes an event that is within a
worker's usual experience only when the worker is diagnosed with post-traumatic
stress disorder by a licensed psychiatrist or psychologist after the worker
experienced exposure to one or more of the following events:
(A) The worker is the subject of an attempt by another person to cause the
worker serious bodily injury or death through the use of deadly force, and the
worker reasonably believes the worker is the subject of the attempt;
(B) The worker visually or audibly, or both visually and audibly, witnesses a
death, or the immediate aftermath of the death, of one or more people as the result
of a violent event; or
(C) The worker repeatedly and either visually or audibly, or both visually and
audibly, witnesses the serious bodily injury, or the immediate aftermath of the
serious bodily injury, of one or more people as the result of the intentional act of
another person or an accident.
(c) Serious bodily injury means bodily injury that, either at the time of the
actual injury or a later time, involves a substantial risk of death, a substantial risk of
serious permanent disfigurement, or a substantial risk of protracted loss or
impairment of the function of any part or organ of the body.