COVID-19 EDITION | Coronavirus & Comp Updates

LEGISLATIVE ALERT

• • • Several bills regarding COVID-19 and its treatment under workers’ compensation have been introduced at this week’s Special Session of the Virginia General Assembly.

    • Specifically, these bills seek to establish a presumption of compensability for COVID-19 have been referred to committee for consideration. See details below for proposed bills: HB 5028; SB 5066, SB 5097, and SB 5104;  and SB 5022.

HB 5028 

Proposed amendment to Va. Code §65.2-402.1, to be retroactive to January 1, 2020: COVID-19 causing the death of, or any health condition or impairment resulting in total or partial disability of, any (i) firefighter, as defined in § 65.2-102; (ii) law-enforcement officer, as defined in § 9.1-101; (iii) first responder, as described in § 65.2-104; (iv) health care provider, as defined in 8.01-581.1, or (v) school board employee shall be presumed to be an occupational disease, suffered in the line of duty, as applicable, that is covered by this title unless such presumptions are overcome by a preponderance of competent evidence to the contrary.

SB 5066, SB 5097, and SB 5104

Proposed amendment to Va. Code §65.2-402.1, to be retroactive to January 1, 2020, the content of which is predominately identical to HB 5028 with the exception that SB 5066, SB 5097, and SB 5104 do not extend the presumption to school board employees:  COVID-19 causing the death of, or any health condition or impairment resulting in total or partial disability of, any (i) firefighter, as defined in § 65.2-102; (ii) law-enforcement officer, as defined in § 9.1-101; (iii) first responder, as described in § 65.2-104; or (iv) health care provider, as defined in 8.01-581.1,  shall be presumed to be an occupational disease, suffered in the line of duty, as applicable, that is covered by this title unless such presumptions are overcome by a preponderance of competent evidence to the contrary.

SB 5022

Proposed amendment to Va. Code §65.2-402.1: COVID-19 causing the death of, or any health condition or impairment resulting in total or partial disability of, any (i) salaried or volunteer firefighter, or salaried or volunteer emergency medical services personnel; (ii) member of the State Police Officers' Retirement System; (iii) member of county, city, or town police departments; (iv) sheriff or deputy sheriff; (v) Department of Emergency Management hazardous materials officer; (vi) city sergeant or deputy city sergeant of the City of Richmond; (vii) Virginia Marine Police officer; (viii) conservation police officer who is a full-time sworn member of the enforcement division of the Department of Wildlife Resources; (ix) Capitol Police officer; (x) special agent of the Virginia Alcoholic Beverage Control Authority appointed under the provisions of Chapter 1 (§ 4.1-100 et seq.) of Title 4.1; (xi) for such period that the Metropolitan Washington Airports Authority voluntarily subjects itself to the provisions of this chapter as provided in § 65.2-305, officer of the police force established and maintained by the Metropolitan Washington Airports Authority; (xii) officer of the police force established and maintained by the Norfolk Airport Authority; (xiii) conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115; (xiv) sworn officer of the police force established and maintained by the Virginia Port Authority; or (xv) any campus police officer appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1 and employed by any public institution of higher education shall be presumed to be an occupational disease, suffered in the line of duty, that is covered by this title unless such presumption is overcome by a preponderance of competent evidence to the contrary.

Additionally, bills limiting civil liability have been introduced to provide immunity from civil claims related to the transmission of or exposure to COVID-19 and use of personal protective equipment: SB 5019 and SB 5037.

All COVID-19 Related Updates From The Virginia Workers’ Compensation Commission (VWC) and More

COVID-19 Legal Resources

Workers’ Compensation Practice Group at McCandlish Holton defends workers’ compensation claims in all areas of Virginia from initial investigation to the trial and appellate levels of litigation. 

We carefully balance aggressive advocacy with skilled diplomacy to successfully resolve claims. Contact Us.