{"id":"AGY-ST-UTILITIES-HOUSING-AG-068","kind":"order","level":"state","jurisdiction":"New Jersey (Legislature; binding employers, insurers and public pension systems)","state":"NJ","metro":"","industry":"","agency":"ST-UTILITIES-HOUSING-AG","eco":"","issuer":"New Jersey Legislature (S.2380); approved by Governor Philip D. Murphy","authority":"N.J. Const. art. IV; R.S.34:15-1 et seq.","instrument":"P.L.2020, Chapter 84 (S.2380, corrected copy)","title":"An Act concerning essential employees contracting coronavirus disease 2019 and supplementing Title 34 of the Revised Statutes","dateIssued":"2020-09-14","effective":"2020-09-14, \u0027retroactive to March 9, 2020\u0027 (sec. 5)","end":"Applies to contraction \u0027during the public health emergency declared by an executive order of the Governor and any extension of the order\u0027 (the New Jersey public health emergency declared by EO 103 ended June 4, 2021 under EO 244; see the NJ State file)","startDate":"2020-09-14","endDate":"2021-06-04","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2"],"types":["EMP","OTHER"],"addressees":["every public and private employer of \u0027essential employees\u0027 (public safety workers and first responders; medical, health-care, emergency transportation, social-service and care workers; employees whose functions \u0027involve physical proximity to members of the public and are essential to the public\u0027s health, safety, and welfare, including transportation services, hotel and other residential services, financial services, and the production, preparation, storage, sale, and distribution of essential goods such as food, beverages, medicine, fuel, and supplies\u0027; and any employee deemed essential by the public authority declaring the emergency)","workers\u0027-compensation insurers and the Compensation Rating and Inspection Bureau"],"clause":"2. If, during the public health emergency declared by an executive order of the Governor and any extension of the order, an individual contracts coronavirus disease 2019 during a time period in which the individual is working in a place of employment other than the individual\u0027s own residence as a health care worker, public safety worker, or other essential employee, there shall be a rebuttable presumption that the contraction of the disease is work-related and fully compensable for the purposes of benefits provided under R.S.34:15-1 et seq., ordinary and accidental disability retirement, and any other benefits provided by law to individuals suffering injury or illness through the course of their employment. This prima facie presumption may be rebutted by a preponderance of the evidence showing that the worker was not exposed to the disease while working in the place of employment other than the individual\u0027s own residence. 3. Any workers\u0027 compensation claims paid according to section 2 of this act shall not be considered in calculating an employer\u0027s Experience Modification Factor... 5. This act shall take effect immediately and shall be retroactive to March 9, 2020.","enforcement":"R.S.34:15-1 et seq. (Division of Workers\u0027 Compensation); pension statutes for disability retirement","functions":["HR and WF for every employer of essential workers who worked outside the home (presumptive compensability, retroactive to March 9, 2020)","OP claims and insurance (experience-rating exclusion)","CB (insurers)","SF, DR, WH, FB: retail, transportation, hotel, financial-services and food-distribution employers named as \u0027essential\u0027 by the statute"],"notes":"The statute\u0027s definition of \u0027essential employee\u0027 is itself a legislative description of the employers whose operations continued under orders: transportation, hotels, financial services, and the production, storage, sale and distribution of food, beverages, medicine, fuel and supplies \u0027for conducting essential business and work at home.\u0027","sourceUrl":"https://pub.njleg.gov/bills/2020/PL20/84_.PDF","snapshot":"","fileExists":true,"fileBytes":122257,"grade":"primary","character":"","description":"","collection":"AGY-ST-UTILITIES-HOUSING-AG","url":"/library/AGY-ST-UTILITIES-HOUSING-AG-068","exhibitUrl":"/exhibit/AGY-ST-UTILITIES-HOUSING-AG-068","citation":"New Jersey Legislature (S.2380); approved by Governor Philip D. Murphy, P.L.2020, Chapter 84 (S.2380, corrected copy) (Sept. 14, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-068)","stateName":"New Jersey","related":[]}