Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 3007 First Substitute (2020S3)

Sponsor

Rep. Gibson, F.

Final action

House/ to Governor 4/22/2020

Outcome

House/ to Governor

Summary

What it does

• This bill:
• defines terms;
• establishes, under certain circumstances, a rebuttable presumption that a first responder who contracts COVID-19 contracted COVID-19 by accident during the course of performing the first responder's duties as a first responder;
• establishes a presumed date of accident for a first responder making a workers' compensation claim related to COVID-19;
• establishes an amount of benefits for a first responder who provides first responder services for minimal or no compensation or on a volunteer basis; and
• grants the Labor Commission rulemaking authority.

Every vote on this bill

Bill text

COVID-19 WORKERS' COMPENSATION AMENDMENTS FOR
FIRST RESPONDERS
THIRD SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Francis D. Gibson
Senate Sponsor: 
Kirk A. Cullimore
LONG TITLE
General Description:
This bill amends the Workers' Compensation Act to provide workers' compensation
under certain circumstances to first responders who contract COVID-19.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ establishes, under certain circumstances, a rebuttable presumption that a first
responder who contracts COVID-19 contracted COVID-19 by accident during the
course of performing the first responder's duties as a first responder;
▸ establishes a presumed date of accident for a first responder making a workers'
compensation claim related to COVID-19;
▸ establishes an amount of benefits for a first responder who provides first responder
services for minimal or no compensation or on a volunteer basis; and
▸ grants the Labor Commission rulemaking authority.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
ENACTS:
34A-2-1101
, Utah Code Annotated 1953
34A-2-1102
, Utah Code Annotated 1953
34A-2-1103
, Utah Code Annotated 1953
34A-2-1104
, Utah Code Annotated 1953
34A-2-1105
, Utah Code Annotated 1953
34A-2-1106
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
34A-2-1101
 is enacted to read:
Part 11. Presumptions for First Responders
 34A-2-1101.
Definitions.
(1) As used in this part:
(a) "COVID-19" means coronavirus disease 2019.
(b) "First responder" means:
(i) an emergency responder as defined in 29 C.F.R. Part 826, Subpart C; or
(ii) a health care provider as defined in 29 C.F.R. Part 826, Subpart C.
(c) "Physician" means an individual licensed as a physician under:
(i) Title 58, Chapter 67, Utah Medical Practice Act; or
(ii) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
(2) For purposes of this part, an individual is diagnosed with COVID-19 if the
individual:
(a) through laboratory testing of a specimen the individual provides, tests positive for
the virus that causes COVID-19; or
(b) is diagnosed with COVID-19 by a physician.
Section 2. Section 
34A-2-1102
 is enacted to read:
 34A-2-1102.
Workers' compensation presumption for first responders.
(1) A first responder who claims to have contracted COVID-19 during the performance
of the first responder's duties as a first responder, is presumed to have contracted COVID-19 by
accident during the course of performing the first responder's duties as a first responder if the
first responder is diagnosed with COVID-19:
(a) on or after March 21, 2020; and
(b) (i) while employed or serving as a first responder; or
(ii) if the first responder's employment or service as a first responder terminates
between March 21, 2020 and May 31, 2021, within two weeks after the day on which the first
responder's employment or service terminates.
(2) A first responder who makes a claim under this part shall provide a copy of the
positive laboratory test or the written documentation of a physician's diagnosis to the first
responder's employer or insurer.
Section 3. Section 
34A-2-1103
 is enacted to read:
 34A-2-1103.
Workers' compensation claims.
(1) For purposes of establishing a workers' compensation claim under this part, the
"date of accident" is presumed to be the earlier of the day on which:
(a) the first responder is diagnosed with COVID-19;
(b) the first responder is unable to work because of a symptom of a disease that is later
diagnosed as COVID-19; or
(c) the first responder's employment or service as a first responder terminates, if the
first responder is diagnosed with COVID-19 within two weeks after the day on which the first
responder's employment or service as a first responder terminates.
(2) Death benefits payable under this chapter are payable only if a claimant establishes
by competent evidence that death was a consequence of or a result of COVID-19.
Section 4. Section 
34A-2-1104
 is enacted to read:
 34A-2-1104.
Failure to be tested -- Rebuttable presumption.
(1) A first responder who refuses examination for COVID-19 or fails to be diagnosed
with COVID-19 is not entitled to the presumption established under this part.
(2) The presumption established in this part may be rebutted by a preponderance of the
evidence.
Section 5. Section 
34A-2-1105
 is enacted to read:
 34A-2-1105.
Determining employers of first responders -- Volunteer first
responders -- Workers' compensation premiums.
(1) For purposes of receiving workers' compensation benefits, a first responder
performing the services of a first responder is considered an employee of an entity for whom
the first responder provides those services.
(2) (a) A first responder who only performs the services of a first responder for
minimal or no compensation or on a volunteer basis receives an amount of workers'
compensation:
(i) based on the first responder's primary employment, if the first responder is primarily
employed other than as a first responder; or
(ii) that is the minimum benefit, if the first responder has no employment other than as
a first responder.
(b) An entity for whom a first responder provides first responder services for minimal
or no compensation or on a volunteer basis shall:
(i) pay any excess premium necessary for workers' compensation, if the first responder
is primarily employed other than as a first responder; and
(ii) pay any premium necessary for workers' compensation, if the first responder has no
employment other than as a first responder.
(3) A first responder is not precluded from utilizing insurance a primary employer
provides, or any other insurance benefits, in addition to workers' compensation benefits.
Section 6. Section 
34A-2-1106
 is enacted to read:
 34A-2-1106.
Construction -- Rulemaking authority.
(1) This part supersedes any conflicting provisions of Utah law.
(2) The commission may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to carry out the provisions of this part.
Section 7. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.