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HB1985

Workers' compensation; presumption of compensability for COVID-19.

Status:
Passed

Chief Patron:
Chris Hurst (D)

Session:
2021 Regular Session

Summary

As Passed House of Origin. Workers' compensation; presumption of compensability for COVID-19.

Establishes a presumption that COVID-19 causing the death or disability of health care providers is an occupational disease compensable under the Workers' Compensation Act. The bill provides that the COVID-19 virus is established by a positive diagnostic test for COVID-19, an incubation period consistent with COVID-19, and signs and symptoms of COVID-19 that require medical treatment. The bill provides that such presumption applies to any death or disability occurring on or after March 12, 2020, caused by infection from the COVID-19 virus, provided that for any such death or disability that occurred on or after March 12, 2020, and prior to December 31, 2021, the claimant received a positive diagnosis of COVID-19 from a licensed physician, after either a presumptive positive test or a laboratory-confirmed test for COVID-19, and presented with signs and symptoms of COVID-19 that required medical treatment. The bill provides that such presumptions do not apply to any person offered by his employer a vaccine for the prevention of COVID-19 unless the person's physician determines in writing that immunization would pose a significant risk to the person's health. (Less)
  • Bill History

  • 01/11/2021 - House: Prefiled and ordered printed; offered 01/13/21 21101723D
  • 01/11/2021 - House: Referred to Committee on Labor and Commerce
  • 01/14/2021 - House: Assigned L & C sub: Subcommittee #1
  • 01/19/2021 - House: House committee, floor amendments and substitutes offered
  • 01/19/2021 - Senate: Senate committee, floor amendments and substitutes offered
  • 01/19/2021 - House: Subcommittee recommends reporting with substitute (6-Y 2-N)
  • 01/21/2021 - House: Reported from Labor and Commerce with substitute (21-Y 0-N)
  • 01/21/2021 - House: Committee substitute printed 21103301D-H1
  • 01/21/2021 - House: Referred to Committee on Appropriations
  • 01/22/2021 - House: Assigned App. sub: Compensation & General Government
  • 01/25/2021 - House: Impact statement from DPB (HB1985H1)
  • 01/29/2021 - House: House subcommittee amendments and substitutes offered
  • 01/29/2021 - House: Subcommittee recommends reporting with amendments (8-Y 0-N)
  • 01/29/2021 - House: Reported from Appropriations with amendment(s) (22-Y 0-N)
  • 02/01/2021 - House: Read first time
  • 02/02/2021 - House: Read second time
  • 02/02/2021 - House: Committee on Labor and Commerce substitute agreed to 21103301D-H1
  • 02/02/2021 - House: Committee on Appropriations amendments agreed to
  • 02/02/2021 - House: Engrossed by House - committee substitute with amendments HB1985EH1
  • 02/02/2021 - House: Printed as engrossed 21103301D-EH1
  • 02/03/2021 - House: Read third time and passed House (98-Y 0-N 1-A)
  • 02/03/2021 - House: VOTE: Passage (98-Y 0-N 1-A)
  • 02/04/2021 - House: Impact statement from DPB (HB1985EH1)
  • 02/04/2021 - Senate: Constitutional reading dispensed
  • 02/04/2021 - Senate: Referred to Committee on Commerce and Labor
  • 02/05/2021 - Senate: Continued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N)
  • 02/15/2021 - Senate: Senate committee, floor amendments and substitutes offered
  • 02/15/2021 - Senate: Reported from Commerce and Labor with substitute (15-Y 0-N)
  • 02/15/2021 - Senate: Committee substitute printed 21200277D-S1
  • 02/15/2021 - Senate: Rereferred to Finance and Appropriations
  • 02/17/2021 - Senate: Constitutional reading dispensed (39-Y 0-N)
  • 02/17/2021 - Senate: Reported from Finance and Appropriations (16-Y 0-N)
  • 02/18/2021 - Senate: Read third time
  • 02/18/2021 - Senate: Reading of substitute waived
  • 02/18/2021 - Senate: Committee substitute agreed to 21200277D-S1
  • 02/18/2021 - Senate: Engrossed by Senate - committee substitute HB1985S1
  • 02/18/2021 - Senate: Passed Senate with substitute (38-Y 0-N)
  • 02/18/2021 - Senate: Reconsideration of Senate passage agreed to by Senate (39-Y 0-N)
  • 02/18/2021 - Senate: Passed Senate with substitute (39-Y 0-N)
  • 02/22/2021 - House: Placed on Calendar
  • 02/22/2021 - House: Senate substitute rejected by House 21200277D-S1 (0-Y 95-N 2-A)
  • 02/22/2021 - House: VOTE: REJECTED (0-Y 95-N 2-A)
  • 02/23/2021 - Senate: Senate insisted on substitute (39-Y 0-N)
  • 02/23/2021 - Senate: Senate requested conference committee
  • 02/24/2021 - House: House acceded to request
  • 02/24/2021 - House: Conferees appointed by House
  • 02/24/2021 - House: Delegates: Hurst, Jones, Kilgore
  • 02/25/2021 - Senate: Conferees appointed by Senate
  • 02/25/2021 - Senate: Senators: Deeds, Norment, Edwards
  • 02/25/2021 - Conference: Amended by conference committee
  • 02/25/2021 - House: Conference substitute printed 21200647D-H2
  • 02/25/2021 - House: Conference report agreed to by House (95-Y 0-N 2-A)
  • 02/25/2021 - House: VOTE: Agreed To (95-Y 0-N 2-A)
  • 02/27/2021 - Senate: Conference report agreed to by Senate (38-Y 0-N)
  • 02/27/2021 - House: Impact statement from DPB (HB1985H2)
  • 03/09/2021 - House: Enrolled
  • 03/09/2021 - House: Bill text as passed House and Senate (HB1985ER)
  • 03/09/2021 - Senate: Signed by President
  • 03/11/2021 - House: Signed by Speaker
  • 03/12/2021 - House: Impact statement from DPB (HB1985ER)
  • 03/15/2021 - House: Enrolled Bill communicated to Governor on March 15, 2021
  • 03/15/2021 - Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021
  • 03/31/2021 - Governor: Approved by Governor-Chapter 507 (effective 7/1/21)
  • 03/31/2021 - Governor: Acts of Assembly Chapter text (CHAP0507)