Oklahoma Bill Proposes Workers’ Comp Benefits for PTSD Without Physical Injury

Legislation Aims to Expand Workers’ Compensation for Oklahoma First Responders

  • Oklahoma State Representative Neil Hays is advancing House Bill 4260 to create a legal presumption that heart attacks or strokes suffered by first responders are job-related. 
  • The legislation applies to firefighters, peace officers, and emergency medical technicians who experience these medical emergencies within eight hours of intense on-duty activity. 
  • Currently, the bill has passed the policy committee and is moving to the oversight committee.

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Kentucky Court Reinforces Burden of Proof for Multi-Part Workers’ Comp Claims

  • Claimants must provide medical evidence of work-related impairment for each specific body part to receive workers’ compensation benefits. 
  • A physical injury alone is insufficient without a ratable impairment as defined by the AMA Guides. 
  • Appellate authorities affirmed that administrative law judges maintain significant deference regarding factual findings and reasonable inferences. 
  • The claim was denied due to insufficient proof regarding the cause and degree of permanent disability

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Court Rules on Penalty Limits for Workers’ Comp Nondisclosure Violations

  • A claimant’s failure to disclose post-retirement work while receiving benefits was found to violate Workers’ Compensation Law Section 114-a. 
  • While the Workers’ Compensation Board imposed a mandatory penalty and permanent disqualification, the court ruled that such disqualification requires evidence of egregious deception or lack of mitigation. 
  • The case was remitted for redetermination regarding the severity of the penalty.

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