as introduced - 91st Legislature, 2020 5th Special Session (2020 - 2020) Posted on 10/12/2020 11:45am
A bill for an act
relating to workers' compensation; providing a presumption for education
employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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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 clauses
(1) and (2).
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(1) The employee was employed as: a teacher or school administrator by a school district,
charter school, or nonpublic school; a contract employee that 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 schools.
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(2) 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.
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(3) Once the employee has satisfied the requirements of clauses (1) and (2), 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.
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(4) 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.
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(5) 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.
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(6) 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.
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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.
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