HB1347: Workers' compensation; weather as risk of public safety officer's employment,injuries incurred.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 65.2-301.1 as follows:
§ 65.2-301.1. Public safety officers.
In situations where weather constitutes a particular risk of a public safety officer's employment and where the public safety officer's injury arose out of and in the course of his employment, absent a misconduct defense asserted pursuant to § 65.2-306, such injury shall be compensable under this title. As used in this section, "public safety officer" shall have the meaning ascribed to it in § 9.1-801.
HOUSE BILL NO. 1347
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 65.2-301.1 as follows:
65.2-301.1. Injuries incurred by public safety officer; arising out of employment.
A. An injury incurred by a public safety officer, as such term is defined in 9.1-801, that occurs in the course of his employment at a location that is off the premises of the public safety officer's regular premises of employment shall be deemed to have arisen out of employment if the injury would not have occurred but for the fact that the conditions and obligations of his employment placed the public safety officer at the location where the injury was incurred.
B. In determining whether such an injury arose out of employment, the public safety officer shall not be required to prove (i) that the nature of his employment exposed him to a special, additional, peculiar, or particular risk of injury to which a member of the public is not generally subject or (ii) a causal connection between the conditions under which his employment was required to be performed and the resulting injury.
C. The characterization of the causation of such an injury incurred by a public safety officer as an act of God shall not be a defense to a claim for compensation under this title.
2. That the provisions of this section shall not apply to any injury occurring on or before July 1, 2013.