Workers' compensation; presumption of compensability for COVID-19. (HB1985)

Introduced By

Del. Chris Hurst (D-Blacksburg) with support from 29 copatrons, whose average partisan position is:

Those copatrons are Del. Dawn Adams (D-Richmond), Del. Lashrecse D. Aird (D-Petersburg), Del. Alex Askew (D-Virginia Beach), Del. Hala Ayala (D-Woodbridge), Del. Jeff Bourne (D-Richmond), Del. Betsy Carr (D-Richmond), Del. Lee Carter (D-Manassas), Del. Josh Cole (D-Stafford), Del. Matt Fariss (R-Rustburg), Del. Angelia Williams Graves (D-Norfolk), Del. Elizabeth Guzman (D-Dale City), Del. Dan Helmer (D-Fairfax Station), Del. Charniele Herring (D-Alexandria), Del. Patrick Hope (D-Arlington), Del. Sally Hudson (D-Charlottesville), Del. Clinton Jenkins (D-Suffolk), Del. Mark Keam (D-Vienna), Del. Candi King (D-Woodbridge), Del. Kaye Kory (D-Falls Church), Del. Mark Levine (D-Alexandria), Del. Kathleen Murphy (D-McLean), Del. Ken Plum (D-Reston), Del. Sam Rasoul (D-Roanoke), Del. Danica Roem (D-Manassas Park), Del. Ibraheem Samirah (D-Herndon), Del. Marcus Simon (D-Falls Church), Del. Shelly Simonds (D-Newport News), Del. Suhas Subramanyam (D-Sterling), Del. Vivian Watts (D-Annandale)

Description

Workers' compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of health care providers is an occupational disease compensable under the Workers' Compensation Act. The bill provides that the COVID-19 virus is established by a positive diagnostic test for COVID-19 and signs and symptoms of COVID-19 that require medical treatment. The bill provides that such presumption applies to any death or disability occurring on or after March 12, 2020, caused by infection from the COVID-19 virus, provided that for any such death or disability that occurred on or after March 12, 2020, and prior to July 1, 2020, either of the following criteria must be met, and on or after July 1, 2020, and prior to December 31, 2021, both of the following criteria must be met: (i) the claimant received a positive diagnosis of COVID-19 from a licensed physician, nurse practitioner, or physician assistant after either a presumptive positive test or a laboratory-confirmed test for COVID-19 and (ii) the claimant presented with signs and symptoms of COVID-19 that required medical treatment. The bill provides that such presumptions do not apply to any person offered by his employer a vaccine for the prevention of COVID-19 unless the person is immunized or the person's physician determines in writing that immunization would pose a significant risk to the person's health. Read the Bill »

Status

03/31/2021: signed by governor

History