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)


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 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 »

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03/31/2021: signed by governor


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)
02/15/2021Senate committee, floor amendments and substitutes offered
02/15/2021Reported from Commerce and Labor with substitute (15-Y 0-N) (see vote tally)
02/15/2021Committee substitute printed 21200277D-S1
02/15/2021Rereferred to Finance and Appropriations
02/17/2021Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/17/2021Reported from Finance and Appropriations (16-Y 0-N) (see vote tally)
02/18/2021Read third time
02/18/2021Reading of substitute waived
02/18/2021Committee substitute agreed to 21200277D-S1
02/18/2021Engrossed by Senate - committee substitute HB1985S1
02/18/2021Passed Senate with substitute (38-Y 0-N) (see vote tally)
02/18/2021Reconsideration of Senate passage agreed to by Senate (39-Y 0-N) (see vote tally)
02/18/2021Passed Senate with substitute (39-Y 0-N) (see vote tally)
02/22/2021Placed on Calendar
02/22/2021Senate substitute rejected by House 21200277D-S1 (0-Y 95-N 2-A)
02/22/2021VOTE: REJECTED (0-Y 95-N 2-A)
02/23/2021Senate insisted on substitute (39-Y 0-N)
02/23/2021Senate requested conference committee
02/24/2021House acceded to request
02/24/2021Conferees appointed by House
02/24/2021Delegates: Hurst, Jones, Kilgore
02/25/2021Conferees appointed by Senate
02/25/2021Senators: Deeds, Norment, Edwards
02/25/2021C Amended by conference committee
02/25/2021Conference substitute printed 21200647D-H2
02/25/2021Conference report agreed to by House (95-Y 0-N 2-A)
02/25/2021VOTE: Agreed To (95-Y 0-N 2-A)
02/27/2021Conference report agreed to by Senate (38-Y 0-N)
02/27/2021Impact statement from DPB (HB1985H2)
03/09/2021Bill text as passed House and Senate (HB1985ER)
03/09/2021Signed by President
03/11/2021Signed by Speaker
03/12/2021Impact statement from DPB (HB1985ER)
03/15/2021Enrolled Bill communicated to Governor on March 15, 2021
03/15/2021G Governor's Action Deadline 11:59 p.m., March 31, 2021
03/31/2021G Approved by Governor-Chapter 507 (effective 7/1/21)
03/31/2021G Acts of Assembly Chapter text (CHAP0507)