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

Introduced By

Del. Chris Hurst (D-Blacksburg) with support from co-patrons Del. Ken Plum (D-Reston), and Del. Sam Rasoul (D-Roanoke)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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, an incubation period consistent with 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 December 31, 2021, the claimant received a positive diagnosis of COVID-19 from a licensed physician, after either a presumptive positive test or a laboratory-confirmed test for COVID-19, and 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's physician determines in writing that immunization would pose a significant risk to the person's health. Read the Bill »

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02/04/2021: In Committee


01/11/2021Prefiled and ordered printed; offered 01/13/21 21101723D
01/11/2021Referred to Committee on Labor and Commerce
01/14/2021Assigned L & C sub: Subcommittee #1
01/19/2021House committee, floor amendments and substitutes offered
01/19/2021Senate committee, floor amendments and substitutes offered
01/19/2021Subcommittee recommends reporting with substitute (6-Y 2-N)
01/21/2021Reported from Labor and Commerce with substitute (21-Y 0-N) (see vote tally)
01/21/2021Committee substitute printed 21103301D-H1
01/21/2021Referred to Committee on Appropriations
01/22/2021Assigned App. sub: Compensation & General Government
01/25/2021Impact statement from DPB (HB1985H1)
01/29/2021House subcommittee amendments and substitutes offered
01/29/2021Subcommittee recommends reporting with amendments (8-Y 0-N)
01/29/2021Reported from Appropriations with amendment(s) (22-Y 0-N) (see vote tally)
02/01/2021Read first time
02/02/2021Read second time
02/02/2021Committee on Labor and Commerce substitute agreed to 21103301D-H1
02/02/2021Committee on Appropriations amendments agreed to
02/02/2021Engrossed by House - committee substitute with amendments HB1985EH1
02/02/2021Printed as engrossed 21103301D-EH1
02/03/2021Read third time and passed House (98-Y 0-N 1-A)
02/03/2021VOTE: Passage (98-Y 0-N 1-A) (see vote tally)
02/04/2021Impact statement from DPB (HB1985EH1)
02/04/2021Constitutional reading dispensed
02/04/2021Referred to Committee on Commerce and Labor
02/05/2021Continued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N) (see vote tally)