{"id":"DUT-WV-013","kind":"duty","level":"state","jurisdiction":"West Virginia","state":"WV","metro":"","industry":"","agency":"","eco":"","issuer":"West Virginia Legislature (Enrolled Committee Substitute for Senate Bill 277), approved by Governor Jim Justice","authority":"W. Va. Code §§ 55-19-1 to 55-19-9 (S.B. 277, ch. 1, Acts 2021 Reg. Sess.)","instrument":"Enrolled Com. Sub. for S.B. 277 (2021 Reg. Sess.), ch. 1, Acts 2021, adding W. Va. Code §§ 55-19-1 to 55-19-9, the COVID-19 Jobs Protection Act","title":"COVID-19 Jobs Protection Act: findings; definitions; no claim for loss arising from COVID-19; products; workers\u0027 compensation exclusivity; actual-malice exception; retroactive application","dateIssued":"2021-03-19","effective":"2021-03-11 (from passage); § 55-19-9(a): \u0027effective retroactively from January 1, 2020, and applies to any cause of action accruing on or after that date\u0027","end":"standing","startDate":"2021-03-11","endDate":"2021-09-30","quarters":["2021Q1","2021Q2","2021Q3"],"types":["COND","DUTY"],"addressees":["persons generally; businesses; \u0027essential business[es]\u0027; health care facilities and providers; first responders; volunteers; institutions of higher education; employers (§ 55-19-6 workers\u0027 compensation exclusivity)"],"clause":"(4)... all nonessential businesses were directed to cease all activities except for minimum basic operations in the state.... (A) Implementing policies and procedures designed to prevent or minimize the spread of COVID-19;... (I) Actions taken in response to federal, state, or local orders, recommendations, or guidelines lawfully set forth in response to COVID-19.","enforcement":"None (immunity statute); § 55-19-7 withdraws the immunity for \u0027intentional conduct with actual malice\u0027; § 55-19-6 makes workers\u0027 compensation \u0027the sole and exclusive remedy\u0027 for an employee\u0027s COVID-19 injury, disease or death, foreclosing deliberate-intention actions under § 23-4-2","functions":[],"notes":"Recorded exactly: the Act imposes no compliance condition on the immunity in § 55-19-4 (\u0027there is no claim against any person, essential business, business, entity... for loss, damage, physical injury, or death arising from COVID-19\u0027), which yields only to \u0027intentional conduct with actual malice\u0027 (§ 55-19-7); it defines the protected conduct as implementing infection-control \u0027policies and procedures,\u0027 \u0027Closing or partially closing to prevent or minimize the spread of COVID-19\u0027 and \u0027Actions taken in response to federal, state, or local orders, recommendations, or guidelines\u0027 (§ 55-19-3(1)(A), (E), (I)); it defines \u0027Public health guidance\u0027 as written COVID-19 guidance of the CDC, OSHA, the Office of the Governor, the West Virginia Department of Health \u0027or any other state, federal, county, or local government agency\u0027 (§ 55-19-3(14)); it defines \u0027Essential business\u0027 by reference to EO 9-20 and the DHS critical-infrastructure sectors (§ 55-19-3(5)); and it finds that nonessential businesses \u0027were directed to cease all activities,\u0027 that residents \u0027were directed to stay at home,\u0027 and that providers \u0027were prohibited by Executive Order No. 16-20 from engaging in elective medical procedures\u0027 (§ 55-19-2(a)(4)-(6)).","sourceUrl":"https://www.wvlegislature.gov/Bill_Text_HTML/2021_SESSIONS/RS/signed_bills/senate/SB277%20SUB1%20ENR_signed.pdf","snapshot":"","fileExists":true,"fileBytes":199165,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-WV","url":"/library/DUT-WV-013","exhibitUrl":"/exhibit/DUT-WV-013","citation":"West Virginia Legislature (Enrolled Committee Substitute for Senate Bill 277), approved by Governor Jim Justice, Enrolled Com. Sub. for S.B. 277 (2021 Reg. Sess.), ch. 1, Acts 2021, adding W. Va. Code §§ 55-19-1 to 55-19-9, the COVID-19 Jobs Protection Act (standing) (Ex. DUT-WV-013)","stateName":"West Virginia","related":["DUT-WV-008","DUT-WV-014"]}