34A-3-106 - Mental stress claims.
34A-3-106. Mental stress claims.
(1) Physical, mental, or emotional diseases related to mental stress arising out of and inthe course of employment shall be compensable under this chapter only when there is a sufficientlegal and medical causal connection between the employee's disease and employment.
(2) (a) Legal causation requires proof of extraordinary mental stress arisingpredominantly and directly from employment.
(b) The extraordinary nature of the alleged mental stress is judged according to anobjective standard in comparison with contemporary national employment and nonemploymentlife.
(3) Medical causation requires proof that the physical, mental, or emotional disease wasmedically caused by the mental stress that is the legal cause of the physical, mental, or emotionaldisease.
(4) Good faith employer personnel actions including disciplinary actions, workevaluations, job transfers, layoffs, demotions, promotions, terminations, or retirements, may notform the basis of compensable mental stress claims under this chapter.
(5) Alleged discrimination, harassment, or unfair labor practices otherwise actionable atlaw may not form the basis of compensable mental stress claims under this chapter.
(6) An employee who alleges a compensable occupational disease involving mental stressbears the burden of proof to establish legal and medical causation by a preponderance of theevidence.
Renumbered and Amended by Chapter 375, 1997 General Session