The COVID Project
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
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- 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 noteOfficial publication of the Revisor of Statutes.