1.1.................... moves to amend S. F. No. 3656, the second engrossment, as amended, as
1.2follows:
1.3Page 207, after line 30, insert:

1.4    "Section 1. Minnesota Statutes 2016, section 176.011, subdivision 15, is amended to read:
1.5    Subd. 15. Occupational disease. (a) "Occupational disease" means a mental impairment
1.6as defined in paragraph (d) or physical disease arising out of and in the course of employment
1.7peculiar to the occupation in which the employee is engaged and due to causes in excess of
1.8the hazards ordinary of employment and shall include undulant fever. Physical stimulus
1.9resulting in mental injury and mental stimulus resulting in physical injury shall remain
1.10compensable. Mental impairment is not considered a disease if it results from a disciplinary
1.11action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement,
1.12or similar action taken in good faith by the employer. Ordinary diseases of life to which the
1.13general public is equally exposed outside of employment are not compensable, except where
1.14the diseases follow as an incident of an occupational disease, or where the exposure peculiar
1.15to the occupation makes the disease an occupational disease hazard. A disease arises out of
1.16the employment only if there be a direct causal connection between the conditions under
1.17which the work is performed and if the occupational disease follows as a natural incident
1.18of the work as a result of the exposure occasioned by the nature of the employment. An
1.19employer is not liable for compensation for any occupational disease which cannot be traced
1.20to the employment as a direct and proximate cause and is not recognized as a hazard
1.21characteristic of and peculiar to the trade, occupation, process, or employment or which
1.22results from a hazard to which the worker would have been equally exposed outside of the
1.23employment.
1.24(b) If immediately preceding the date of disablement or death, an employee was employed
1.25on active duty with an organized fire or police department of any municipality, as a member
1.26of the Minnesota State Patrol, conservation officer service, state crime bureau, as a forest
2.1officer by the Department of Natural Resources, state correctional officer, or sheriff or
2.2full-time deputy sheriff of any county, and the disease is that of myocarditis, coronary
2.3sclerosis, pneumonia or its sequel, and at the time of employment such employee was given
2.4a thorough physical examination by a licensed doctor of medicine, and a written report
2.5thereof has been made and filed with such organized fire or police department, with the
2.6Minnesota State Patrol, conservation officer service, state crime bureau, Department of
2.7Natural Resources, Department of Corrections, or sheriff's department of any county, which
2.8examination and report negatived any evidence of myocarditis, coronary sclerosis, pneumonia
2.9or its sequel, the disease is presumptively an occupational disease and shall be presumed
2.10to have been due to the nature of employment. If immediately preceding the date of
2.11disablement or death, any individual who by nature of their position provides emergency
2.12medical care, or an employee who was employed as a licensed police officer under section
2.13626.84, subdivision 1 ; firefighter; paramedic; state correctional officer; emergency medical
2.14technician; or licensed nurse providing emergency medical care; and who contracts an
2.15infectious or communicable disease to which the employee was exposed in the course of
2.16employment outside of a hospital, then the disease is presumptively an occupational disease
2.17and shall be presumed to have been due to the nature of employment and the presumption
2.18may be rebutted by substantial factors brought by the employer or insurer. Any substantial
2.19factors which shall be used to rebut this presumption and which are known to the employer
2.20or insurer at the time of the denial of liability shall be communicated to the employee on
2.21the denial of liability.
2.22(c) A firefighter on active duty with an organized fire department who is unable to
2.23perform duties in the department by reason of a disabling cancer of a type caused by exposure
2.24to heat, radiation, or a known or suspected carcinogen, as defined by the International
2.25Agency for Research on Cancer, and the carcinogen is reasonably linked to the disabling
2.26cancer, is presumed to have an occupational disease under paragraph (a). If a firefighter
2.27who enters the service after August 1, 1988, is examined by a physician prior to being hired
2.28and the examination discloses the existence of a cancer of a type described in this paragraph,
2.29the firefighter is not entitled to the presumption unless a subsequent medical determination
2.30is made that the firefighter no longer has the cancer.
2.31(d) For the purposes of this chapter, "mental impairment" means a diagnosis of
2.32post-traumatic stress disorder by a licensed psychiatrist or psychologist. For the purposes
2.33of this chapter, "post-traumatic stress disorder" means the condition as described in the most
2.34recently published edition of the Diagnostic and Statistical Manual of Mental Disorders by
2.35the American Psychiatric Association. For purposes of section 79.34, subdivision 2, one or
3.1more compensable mental impairment claims arising out of a single event or occurrence
3.2shall constitute a single loss occurrence.
3.3(e) If, preceding the date of disablement or death, an employee who was employed: (1)
3.4as a licensed police officer under section 626.84, subdivision 1, firefighter, paramedic,
3.5emergency medical technician, or licensed nurse providing emergency medical care; or (2)
3.6on active duty as a forest officer by the Department of Natural Resources, state correctional
3.7officer, sheriff or full-time deputy sheriff of any county, or a member of the Minnesota State
3.8Patrol, conservation officer service, state crime bureau, is diagnosed with a mental
3.9impairment as defined in paragraph (d), and had not been diagnosed with the mental
3.10impairment previously, then the mental impairment is presumptively an occupational disease
3.11and shall be presumed to have been due to the nature of employment. The mental impairment
3.12is not considered an occupational disease if it results from a disciplinary action, work
3.13evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or similar
3.14action taken in good faith by the employer."
3.15Renumber the sections in sequence and correct the internal references
3.16Amend the title accordingly