1     
COVID-19 WORKERS' COMPENSATION MODIFICATIONS

2     
2020 FIFTH SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: James A. Dunnigan

5     
Senate Sponsor: Kirk A. Cullimore

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to workers' compensation coverage for first
10     responders.
11     Highlighted Provisions:
12          This bill:
13          ▸     moves provisions related to coverage for first responders diagnosed with COVID-19
14     from the Workers' Compensation Act to the Utah Occupational Disease Act;
15          ▸     modifies the definition of a first responder; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          This bill provides a special effective date.
21     Utah Code Sections Affected:
22     RENUMBERS AND AMENDS:
23          34A-3-201, (Renumbered from 34A-2-1101, as enacted by Laws of Utah 2020, Third
24     Special Session, Chapter 6)
25          34A-3-202, (Renumbered from 34A-2-1102, as enacted by Laws of Utah 2020, Third
26     Special Session, Chapter 6)
27          34A-3-203, (Renumbered from 34A-2-1103, as enacted by Laws of Utah 2020, Third
28     Special Session, Chapter 6)
29          34A-3-204, (Renumbered from 34A-2-1104, as enacted by Laws of Utah 2020, Third
30     Special Session, Chapter 6)
31          34A-3-205, (Renumbered from 34A-2-1105, as enacted by Laws of Utah 2020, Third
32     Special Session, Chapter 6)
33          34A-3-206, (Renumbered from 34A-2-1106, as enacted by Laws of Utah 2020, Third
34     Special Session, Chapter 6)
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 34A-3-201, which is renumbered from Section 34A-2-1101 is
38     renumbered and amended to read:
39     
Part 2. Presumptions for First Responders

40          [34A-2-1101].      34A-3-201. Definitions.
41          (1) As used in this part:
42          (a) "COVID-19" means the disease caused by severe acute respiratory syndrome
43     coronavirus 2.
44          (b) "First responder" means:
45          [(i) an emergency responder as defined in 29 C.F.R. Part 826, Subpart C; or]
46          [(ii) a health care provider as defined in 29 C.F.R. Part 826, Subpart C.]
47          (i) a first responder as defined in Section 34A-2-102;
48          (ii) an individual employed by:
49          (A) a health care facility as defined in Section 26-21-2;
50          (B) an office of a physician, chiropractor, or dentist;
51          (C) a nursing home;
52          (D) a retirement facility;
53          (E) a home health care provider;
54          (F) a pharmacy;
55          (G) a facility that performs laboratory or medical testing on human specimens; or
56          (H) an entity similar to the entities listed in Subsections (1)(b)(ii)(A) through (G);
57          (iii) an individual employed by, working with, or working at the direction of a local
58     health department; or
59          (iv) a volunteer, as defined in Section 67-20-2, providing services to a local health
60     department in accordance with Title 67, Chapter 20, Volunteer Government Workers Act.
61          (c) "Physician" means an individual licensed under:
62          (i) Title 58, Chapter 67, Utah Medical Practice Act;
63          (ii) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
64          (iii) Title 58, Chapter 70a, Utah Physician Assistant Act; or
65          (iv) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice registered
66     nurse.
67          (d) "Utah minimum wage" means the highest wage designated as Utah's minimum
68     wage under Title 34, Chapter 40, Utah Minimum Wage Act.
69          (2) For purposes of this part, an individual is diagnosed with COVID-19 if the
70     individual:
71          (a) through laboratory testing of a specimen the individual provides, tests positive for
72     the virus that causes COVID-19; and
73          (b) is diagnosed with COVID-19 by a physician.
74          Section 2. Section 34A-3-202, which is renumbered from Section 34A-2-1102 is
75     renumbered and amended to read:
76          [34A-2-1102].      34A-3-202. Workers' compensation presumption for first
77     responders.
78          (1) A first responder who claims to have contracted COVID-19 during the performance
79     of the first responder's duties as a first responder, is presumed to have contracted COVID-19
80     [by accident] during the course of performing the first responder's duties as a first responder if
81     the first responder is diagnosed with COVID-19:
82          (a) while employed or serving as a first responder; or
83          (b) if the first responder's employment or service as a first responder terminates, within
84     two weeks after the day on which the first responder's employment or service terminates.
85          (2) A first responder who makes a claim under this part shall provide [a copy of the
86     positive laboratory test or the] written documentation of a [physician's] COVID-19 diagnosis to
87     the first responder's employer or insurer.
88          Section 3. Section 34A-3-203, which is renumbered from Section 34A-2-1103 is
89     renumbered and amended to read:
90          [34A-2-1103].      34A-3-203. Workers' compensation claims.
91          (1) This part applies to a claim resulting from an [accident] exposure arising out of and
92     in the course of a first responder's employment or service on or after March 21, 2020, and
93     before June 1, 2021.
94          (2) For purposes of establishing a workers' compensation claim under this part, the
95     ["]date of [accident"] exposure is presumed to be the earlier of the day on which:
96          (a) the first responder is diagnosed with COVID-19;
97          (b) the first responder is unable to work because of a symptom of a disease that is later
98     diagnosed as COVID-19; or
99          (c) the first responder's employment or service as a first responder terminates, if the
100     first responder is diagnosed with COVID-19 within two weeks after the day on which the first
101     responder's employment or service as a first responder terminates.
102          (3) Death benefits payable under this chapter are payable only if a claimant establishes
103     by competent evidence that death was a consequence of or a result of COVID-19.
104          Section 4. Section 34A-3-204, which is renumbered from Section 34A-2-1104 is
105     renumbered and amended to read:
106          [34A-2-1104].      34A-3-204. Failure to be tested -- Rebuttable presumption.
107          (1) A first responder who refuses examination for COVID-19 or fails to be diagnosed
108     with COVID-19 is not entitled to the presumption established under this part.
109          (2) The presumption established [in] under this part may be rebutted by a
110     preponderance of the evidence.
111          Section 5. Section 34A-3-205, which is renumbered from Section 34A-2-1105 is
112     renumbered and amended to read:
113          [34A-2-1105].      34A-3-205. Determining employers of first responders --
114     Volunteer first responders -- Workers' compensation premiums.
115          (1) For purposes of receiving workers' compensation benefits, a first responder
116     performing the services of a first responder is considered an employee of an entity for whom
117     the first responder provides those services.
118          (2) (a) A first responder who only performs the services of a first responder for
119     minimal or no compensation or on a volunteer basis receives an amount of workers'
120     compensation:
121          (i) calculated in accordance with Section 34A-2-409; and
122          [(i)] (ii) (A) based on the first responder's primary employment, if the first responder is
123     primarily employed other than as a first responder; or
124          [(ii)] (B) [that is the minimum benefit] based on the Utah minimum wage, if the first
125     responder has no employment other than as a first responder.
126          (b) An entity for whom a first responder provides first responder services for minimal
127     or no compensation or on a volunteer basis shall:
128          (i) pay any excess premium necessary for workers' compensation, if the first responder
129     is primarily employed other than as a first responder; and
130          (ii) pay any premium necessary for workers' compensation, if the first responder has no
131     employment other than as a first responder.
132          (3) A first responder is not precluded from utilizing insurance a primary employer
133     provides, or any other insurance benefits, in addition to workers' compensation benefits.
134          Section 6. Section 34A-3-206, which is renumbered from Section 34A-2-1106 is
135     renumbered and amended to read:
136          [34A-2-1106].      34A-3-206. Rulemaking authority.
137          [(1) This part supersedes any conflicting provisions of Utah law.]
138          [(2)] The commission may make rules in accordance with Title 63G, Chapter 3, Utah
139     Administrative Rulemaking Act, to carry out the provisions of this part.
140          Section 7. Effective date.
141          If approved by two-thirds of all the members elected to each house, this bill takes effect
142     upon approval by the governor, or the day following the constitutional time limit of Utah
143     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
144     the date of veto override.