This last Tuesday, April 7th, the Minnesota legislature convened to pass agreed upon Workers Compensation legislation specific to the COVID-19 crisis.
Below is a comprehensive summary that Rep. Paul Marquart recently sent out:
BILL SUMMARY: First responders would not be required to prove a causal connection between the work they do and contracting COVID-19. The bill creates a presumption that for example, a nurse who contracts COVID-19 did so during the course of her employment and is thus eligible for workers comp benefits. These benefits include partial wage replacement and payment of medical expenses.
Which First Responders are Covered by the Bill?
Paragraph 1 on p. 3 lists the following occupations that are covered by the presumption in the bill:
-
Firefighter,
-
Peace officer,
-
Paramedic,
-
Emergency medical technician (EMT),
-
Health care provider, nurse or assistive employee in a health care, home care or long-term care setting who works with COVID-19 patients,
-
Nurse, health care worker, correctional officer or security counselor at a correctional facility, and
-
Child care providers who are required to provide child care for the children of first responders and health care workers under the Governor’s executive orders.
What Must First Responders Show for the Presumption to Apply?
Under the bill, workers in the occupations listed above are presumed to be eligible for workers comp if they can show a positive laboratory test for COVID-19, which includes a written copy of the test. If a laboratory test was not available for a particular worker, s/he could provide a written diagnosis for COVID-19 based on the worker’s symptoms from a licensed physician, licensed physician’s assistant or licensed advanced practice registered nurse (APRN).
Can the Insurance Company or Employer Rebut the Presumption?
Yes, the bill provides that an insurance company or self-insured employer can defeat the presumption by showing (by a preponderance of the evidence) that the worker’s employment was not a direct cause of the worker contracting coronavirus. Presumably, this could be done by showing that the worker was never exposed to someone with COVID-19, or that the worker likely contracted the virus from his spouse. If the insurer or employer is unable to rebut the presumption, the worker is eligible for workers comp benefits.
Other parts to the bill
The bill contains a few other provisions that should be noted. First, it establishes that the date of injury is the date when the worker was first unable to work because of COVID-19 or its symptoms. Importantly, the bill is not retroactive, but applies to workers who contract COVID-19 on or after the day following enactment (Apr. 8). The main provisions in the bill sunset on May 1, 2021.
Second, the bill provides that if a worker is not entitled to the presumption in this bill, s/he can still seek workers comp benefits for COVID-19 under existing law. Third, the bill calls for the Dept. of Labor & Industry (DOLI) to report back to the Legislature and to the Workers Comp Advisory Council by Jan. 15, 2021.
Last, Sec. 2 of the bill gives DOLI additional time to implement its new CAMPUS case management system if delays are caused by the pandemic. This system was supposed to be up-and-running by Aug. 31, 2020. This section is entirely unrelated to the rest of the bill.
ARRM has been touch with the Christensen Group who provided us with some helpful resources.
First, they reached out to their Employment Attorney who provided this specific analysis on the new legislation as it relates to staff that provide in-home support or work in a group home.
Second, the Department of Labor recently released this helpful FAQ that goes into more specifics of the legislation.
Please contact me with any additional questions.
--Sara Grafstrom, Director of State and Federal Policy