An Act To Achieve Mental Health Parity in Workers' Compensation
Sec. 1. 39-A MRSA §201, sub-§3-A, ¶A, as enacted by PL 2017, c. 294, §2, is amended to read:
(1) The work stress was extraordinary and unusual in comparison to pressures and tensions experienced by the average employee; and
(2) The work stress, and not some other source of stress, was the predominant cause of the mental injury.
The amount of work stress must be measured by objective standards and actual events rather than any misperceptions by the employee; or
Sec. 2. 39-A MRSA §201, sub-§4, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:
SUMMARY
This bill changes the standard of proof required to demonstrate entitlement to compensation for a mental injury caused by stress so that it is the same standard as is required with respect to physical injuries. In addition, this bill specifies that a work-related injury that aggravates a preexisting mental condition may result in a compensable disability, just as aggravating a preexisting physical condition may.