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Ex. AGY-ST-UTILITIES-HOUSING-AG-067 Order Primary source read

Laws of Minnesota 2020, Chapter 72 (H.F. 4537)

An act relating to workers' compensation; providing a presumption for COVID-19 workers' compensation claims for certain employees; requiring a report; authorizing extension of the implementation date of the CAMPUS system

Minnesota Legislature; signed by Governor Tim Walz April 7, 2020, 5:04 p.m. · Minnesota (Legislature; binding employers and insurers under the Workers' Compensation Act) (State)

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The record

Jurisdiction
Minnesota (Legislature; binding employers and insurers under the Workers' Compensation Act) · Minnesota
Level
State
Authority
Minn. Const. art. IV; Minn. Stat. ch. 176
Issued
2020-04-07 Apr. 7, 2020
Effective
2020-04-08 (the day following final enactment; applies to employees who contract COVID-19 on or after that date) (read as 2020-04-08)
End
'Paragraph (f) sunsets on May 1, 2021'. (read as 2021-05-01)
In force
Apr. 8, 2020 to May 1, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Workplace rulesOther
Addressees
  • employers and workers'-compensation insurers of licensed peace officers, firefighters, paramedics, EMTs, nurses and health-care workers, correctional officers and security counselors, health-care providers and assistive employees in health care, home care and long-term care settings, and child-care workers serving first responders and health-care workers under EO 20-02 and 20-19
Functions reached
  • HR and WF for hospitals, home care, long-term care, EMS, public safety and emergency child-care employers (presumptive compensability)
  • OP claims handling and insurer rebuttal burden
  • IC exposure documentation
  • CB (insurers)
Collection
State utilities, housing and agriculture agencies AGY-ST-UTILITIES-HOUSING-AG

Operative words

(f) Notwithstanding paragraph (a) and the rebuttable presumption for infectious or communicable diseases in paragraph (b), 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). (1) The employee was employed as a licensed peace officer under section 626.84, subdivision 1; firefighter; paramedic; nurse or health care worker, correctional officer, or security counselor employed by the state or a political subdivision at a corrections, detention, or secure treatment facility; emergency medical technician; a health care provider, nurse, or assistive employee employed in a health care, home care, or long-term care setting, with direct COVID-19 patient care or ancillary work in COVID-19 patient units; and workers required to provide child care to first responders and health care workers under Executive Order 20-02 and Executive Order 20-19.... (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.

Enforcement

Minn. Stat. ch. 176 (Workers' Compensation Act; Department of Labor and Industry and the Office of Administrative Hearings); denial of liability must meet Minn. Stat. 176.221, subd. 1

Notes

Reaches Industries 01, 02, 04 and 15 of the brief directly (hospitals, physician practices, home care and senior living, child care). The 'assistive employee... in a health care, home care, or long-term care setting' language covers aides and ancillary staff.

Retrieval note

Official publication of the Revisor of Statutes.