Okla. Stat. tit. 85A, § 85A-13

A. 1. A mental injury or illness is not a compensable injury

unless caused by a physical injury to the employee, and shall not be

considered an injury arising out of and in the course and scope of

employment or compensable unless demonstrated by a preponderance of

the evidence; provided, however, that this physical injury

limitation shall not apply to any victim of a crime of violence, a

law enforcement officer, paid or volunteer firefighter, or emergency

medical technician employed on a full-time basis by a municipality,

county, or this state, or a volunteer firefighter, who suffers post-

traumatic stress disorder, as defined in subsection E of this

section, while responding to an emergency. For the purposes of this

section, such employee shall be referred to as a first responder.

2. No mental injury or illness under this section shall be

compensable unless it is also diagnosed by a licensed psychiatrist

or psychologist and unless the diagnosis of the condition meets the

criteria established in the most current issue of the Diagnostic and

Statistical Manual of Mental Disorders.

B. 1. Notwithstanding any other provision of the

Administrative Workers’ Compensation Act, where a claim is for

mental injury or illness, the employee shall be limited to twenty-

six (26) weeks of disability benefits unless it is shown by clear

and convincing evidence that benefits should continue for a set

period of time, not to exceed a total of fifty-two (52) weeks. If

the treating physician is of the opinion that the first responder is

temporarily unable to perform his or her job or any alternative work

offered by the employer, he or she shall be entitled to receive

compensation which is the greater of the weekly benefit provided for

in a collective bargaining agreement or according to the policy of

the employer, or seventy percent (70%) of the injured employee’s

Oklahoma Statutes - Title 85A. Workers' Compensation Page 37

average weekly wage, not to exceed the state average weekly wage.

If the employee has a temporary pension benefit available at no

additional cost to the employee and the benefit is equal to or

greater than the temporary award in this system, the employer may

elect to exercise the temporary pension benefit. In no event shall

disability benefits extend beyond fifty-two (52) weeks.

2. Notwithstanding any other provision of this section, a first

responder who receives benefits provided herein for a mental injury

or illness not accompanied by a physical injury who, after reaching

maximum medical improvement, is unable to perform the essential

functions of his or her employment position and who is not eligible

to receive a disability retirement through his or her pension or

retirement system shall be eligible to be awarded permanent

disability benefits not to exceed Fifty Thousand Dollars

($50,000.00) as provided for in this act.

3. a. In cases where death results directly from the mental

injury or illness within a period of one (1) year,

compensation shall be paid to the dependents as

provided in other death cases under the Administrative

Workers’ Compensation Act.

b. Death directly or indirectly related to the mental

injury or illness occurring one (1) year or more from

the incident resulting in the mental injury or illness

shall not be a compensable injury.

C. 1. In the event that the Oklahoma Workers’ Compensation

Commission finds that a first responder has suffered post-traumatic

stress disorder not accompanied by a physical injury, the employer

shall provide reasonable and necessary medical treatment for such

injury, subject to the Oklahoma Workers’ Compensation Commission’s

Fee Schedule, for a period not longer than one (1) year. The

employer shall not be responsible for medical treatment in the form

of prescription medicine in excess of Ten Thousand Dollars

($10,000.00).

2. During any period in which a first responder is temporarily
ll provide reasonable and necessary medical treatment for such

injury, subject to the Oklahoma Workers’ Compensation Commission’s

Fee Schedule, for a period not longer than one (1) year. The

employer shall not be responsible for medical treatment in the form

of prescription medicine in excess of Ten Thousand Dollars

($10,000.00).

2. During any period in which a first responder is temporarily

unable to perform his or her job, the employer shall pay to maintain

health insurance coverage for the first responder, if such health

insurance was in effect on the date of the injury.

D. For the purposes of this section, claim payments for

volunteer firefighters shall be paid pursuant to the Volunteer

Firefighter Group Insurance Pool.

E. For the purposes of this section:

1. “Post-traumatic stress disorder” means an injury or

condition in which a first responder has been exposed to a traumatic

event and:

a. has experienced, witnessed, or was confronted with an

event that involved actual or threatened death or

serious injury, or a threat to the physical integrity

Oklahoma Statutes - Title 85A. Workers' Compensation Page 38

of others, and the response involved fear,

helplessness, or horror,

b. the traumatic event is persistently re-experienced in

one or more of the following ways:

(1) recurrent and intrusive distressing recollections

of the event,

(2) recurrent distressing dreams,

(3) acting or feeling as if the traumatic event was

recurring,

(4) intense psychological distress at exposure to

cues that symbolize an aspect of the traumatic

event, or

(5) physiological reactivity on exposure to cues that

symbolize an aspect of the traumatic event,

c. persistent avoidance of stimuli associated with the

trauma and numbing of general responsiveness such as

efforts to avoid thoughts, feelings, or conversations

associated with the trauma, markedly diminished

interest or participation in significant activities,

or a feeling of detachment or estrangement from

others,

d. persistent symptoms of increased arousal such as

difficulty falling or staying asleep, irritability or

outbursts of anger, difficulty concentrating, or

hypervigilance,

e. the duration of the disturbance is more than one (1)

month, and

f. the disturbance causes clinically significant distress

or impairment in social, occupational, or other

important areas of functioning;

2. “Volunteer firefighter” means a person who is enrolled as a

member of a volunteer fire department with two or less salaried

firefighters and who serves in such capacity without receiving a

regular salary; and

3. “Emergency medical technician” means a person who holds a

license as an emergency medical technician, an intermediate or

advanced emergency medical technician, or a paramedic, issued by the

State Department of Health to perform emergency medical services in

accordance with the Oklahoma Emergency Response Systems Development

Act and the rules and standards promulgated by the State

Commissioner of Health.