HF 37

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/01/2021 04:24pm

A bill for an act
relating to workers' compensation; creating a presumption of eligibility for school
employees who contract COVID-19.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin WORKERS' COMPENSATION FOR CERTAIN SCHOOL EMPLOYEES
WHO CONTRACT COVID-19.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 176.011, subdivision 15, paragraph (a),
an employee who contracts COVID-19 is presumed to have an occupational disease arising
out of and in the course of employment if the employee satisfies the requirements of
paragraphs (b) and (c).
new text end

new text begin (b) The employee was employed as: a teacher or school administrator by a school district,
charter school, or nonpublic school; a contract employee who provides student-related
services throughout the school year to a school district, charter school, or nonpublic school,
including paraprofessionals, student support services personnel, school bus drivers, school
nutrition staff, and custodial staff; or any other person employed by the school district,
charter school, or nonpublic school or providing services to students under a contract with
the school district, charter school, or nonpublic school.
new text end

new text begin (c) The employee's contraction of COVID-19 must be confirmed by a positive laboratory
test or, if a laboratory test was not available for the employee, as diagnosed and documented
by the employee's licensed physician, licensed physician's assistant, or licensed advanced
practice registered nurse (APRN) based on the employee's symptoms. A copy of the positive
laboratory test or the written documentation of the physician's, physician assistant's, or
APRN's diagnosis shall be provided to the employer or insurer.
new text end

new text begin (d) Once the employee has satisfied the requirements of paragraphs (b) and (c), the
presumption shall only be rebutted if the employer or insurer shows the employment was
not a direct cause of the disease. A denial of liability under this section must meet the
requirements for a denial under Minnesota Statutes, section 176.221, subdivision 1.
new text end

new text begin (e) The date of injury for an employee who has contracted COVID-19 under this section
shall be the date that the employee was unable to work due to a diagnosis of COVID-19,
or due to symptoms that were later diagnosed as COVID-19, whichever occurred first.
new text end

new text begin (f) An employee who has contracted COVID-19 but who is not entitled to the presumption
under this section is not precluded from claiming an occupational disease as provided in
Minnesota Statutes, section 176.011, subdivision 15, or from claiming a personal injury
under Minnesota Statutes, section 176.011, subdivision 16.
new text end

new text begin (g) The commissioner shall provide a detailed report on COVID-19 workers'
compensation claims under this section to the Workers' Compensation Advisory Council
and chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over workers' compensation and education finance and policy
by January 15, 2021, and then provide an updated report by August 15, 2021.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies retroactively for employees who contracted COVID-19 on or after July 15, 2020.
This section sunsets on July 30, 2021.
new text end