Representative Francis D. Gibson proposes the following substitute bill:


1     
COVID-19 WORKERS' COMPENSATION AMENDMENTS FOR

2     
FIRST RESPONDERS

3     
2020 THIRD SPECIAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Francis D. Gibson

6     
Senate Sponsor: Kirk A. Cullimore

7     

8     LONG TITLE
9     General Description:
10          This bill amends the Workers' Compensation Act to provide workers' compensation
11     under certain circumstances to first responders who contract COVID-19.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     establishes, under certain circumstances, a rebuttable presumption that a first
16     responder who contracts COVID-19 contracted COVID-19 by accident during the
17     course of performing the first responder's duties as a first responder;
18          ▸     establishes a presumed date of accident for a first responder making a workers'
19     compensation claim related to COVID-19;
20          ▸     establishes an amount of benefits for a first responder who provides first responder
21     services for minimal or no compensation or on a volunteer basis; and
22          ▸     grants the Labor Commission rulemaking authority.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:

26          This bill provides a special effective date.
27     Utah Code Sections Affected:
28     ENACTS:
29          34A-2-1101, Utah Code Annotated 1953
30          34A-2-1102, Utah Code Annotated 1953
31          34A-2-1103, Utah Code Annotated 1953
32          34A-2-1104, Utah Code Annotated 1953
33          34A-2-1105, Utah Code Annotated 1953
34          34A-2-1106, Utah Code Annotated 1953
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 34A-2-1101 is enacted to read:
38     
Part 11. Presumptions for First Responders

39          34A-2-1101. Definitions.
40          (1) As used in this part:
41          (a) "COVID-19" means the disease caused by severe acute respiratory syndrome
42     coronavirus 2.
43          (b) "First responder" means:
44          (i) an emergency responder as defined in 29 C.F.R. Part 826, Subpart C; or
45          (ii) a health care provider as defined in 29 C.F.R. Part 826, Subpart C.
46          (c) "Physician" means an individual licensed under:
47          (i) Title 58, Chapter 67, Utah Medical Practice Act;
48          (ii) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
49          (iii) Title 58, Chapter 70a, Utah Physician Assistant Act; or
50          (iv) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice registered
51     nurse.
52          (2) For purposes of this part, an individual is diagnosed with COVID-19 if the
53     individual:
54          (a) through laboratory testing of a specimen the individual provides, tests positive for
55     the virus that causes COVID-19; and
56          (b) is diagnosed with COVID-19 by a physician.

57          Section 2. Section 34A-2-1102 is enacted to read:
58          34A-2-1102. Workers' compensation presumption for first responders.
59          (1) A first responder who claims to have contracted COVID-19 during the performance
60     of the first responder's duties as a first responder, is presumed to have contracted COVID-19 by
61     accident during the course of performing the first responder's duties as a first responder if the
62     first responder is diagnosed with COVID-19:
63          (a) while employed or serving as a first responder; or
64          (b) if the first responder's employment or service as a first responder terminates, within
65     two weeks after the day on which the first responder's employment or service terminates.
66          (2) A first responder who makes a claim under this part shall provide a copy of the
67     positive laboratory test or the written documentation of a physician's diagnosis to the first
68     responder's employer or insurer.
69          Section 3. Section 34A-2-1103 is enacted to read:
70          34A-2-1103. Workers' compensation claims.
71          (1) This part applies to a claim resulting from an accident arising out of and in the
72     course of a first responder's employment or service on or after March 21, 2020, and before June
73     1, 2021.
74          (2) For purposes of establishing a workers' compensation claim under this part, the
75     "date of accident" is presumed to be the earlier of the day on which:
76          (a) the first responder is diagnosed with COVID-19;
77          (b) the first responder is unable to work because of a symptom of a disease that is later
78     diagnosed as COVID-19; or
79          (c) the first responder's employment or service as a first responder terminates, if the
80     first responder is diagnosed with COVID-19 within two weeks after the day on which the first
81     responder's employment or service as a first responder terminates.
82          (3) Death benefits payable under this chapter are payable only if a claimant establishes
83     by competent evidence that death was a consequence of or a result of COVID-19.
84          Section 4. Section 34A-2-1104 is enacted to read:
85          34A-2-1104. Failure to be tested -- Rebuttable presumption.
86          (1) A first responder who refuses examination for COVID-19 or fails to be diagnosed
87     with COVID-19 is not entitled to the presumption established under this part.

88          (2) The presumption established in this part may be rebutted by a preponderance of the
89     evidence.
90          Section 5. Section 34A-2-1105 is enacted to read:
91          34A-2-1105. Determining employers of first responders -- Volunteer first
92     responders -- Workers' compensation premiums.
93          (1) For purposes of receiving workers' compensation benefits, a first responder
94     performing the services of a first responder is considered an employee of an entity for whom
95     the first responder provides those services.
96          (2) (a) A first responder who only performs the services of a first responder for
97     minimal or no compensation or on a volunteer basis receives an amount of workers'
98     compensation:
99          (i) based on the first responder's primary employment, if the first responder is primarily
100     employed other than as a first responder; or
101          (ii) that is the minimum benefit, if the first responder has no employment other than as
102     a first responder.
103          (b) An entity for whom a first responder provides first responder services for minimal
104     or no compensation or on a volunteer basis shall:
105          (i) pay any excess premium necessary for workers' compensation, if the first responder
106     is primarily employed other than as a first responder; and
107          (ii) pay any premium necessary for workers' compensation, if the first responder has no
108     employment other than as a first responder.
109          (3) A first responder is not precluded from utilizing insurance a primary employer
110     provides, or any other insurance benefits, in addition to workers' compensation benefits.
111          Section 6. Section 34A-2-1106 is enacted to read:
112          34A-2-1106. Construction -- Rulemaking authority.
113          (1) This part supersedes any conflicting provisions of Utah law.
114          (2) The commission may make rules in accordance with Title 63G, Chapter 3, Utah
115     Administrative Rulemaking Act, to carry out the provisions of this part.
116          Section 7. Effective date.
117          If approved by two-thirds of all the members elected to each house, this bill takes effect
118     upon approval by the governor, or the day following the constitutional time limit of Utah

119     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
120     the date of veto override.