The COVID Project
The record
- Jurisdiction
- Alaska
- Level
- State
- Authority
- Legislative power; uncodified law of the State of Alaska; AS 23.30 (Alaska Workers' Compensation Act) and AS 09.65.091 (recited)
- Issued
- 2020-04-10 Apr. 10, 2020
- Effective
- immediately (sec. 40; AS 01.10.070(c)) (read as 2020-04-10)
- End
- Secs. 15 and 32 repealed by sec. 34 'on the earlier of (1) November 15, 2020; or (2) the date the governor determines... that the public health disaster emergency... no longer exists' (the emergency ran to Nov. 15, 2020, Ex. AK-023, AK-024) (read as 2020-11-15)
- In force
- Apr. 10, 2020 to Nov. 15, 2020
- Quarters
- 2020 Q22020 Q32020 Q4
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Health care ordersWorkplace rulesOperating condition
- Addressees
- employers of firefighters, emergency medical technicians, paramedics, peace officers and health care providers (sec. 15); persons issuing, providing or manufacturing PPE (sec. 32)
- Character
- statutory provision
- Collection
- Standing duties: Alaska DUT-AK
Operative words
an employee who contracts... (COVID-19) is conclusively presumed to have contracted an occupational disease arising out of and in the course of employment if, during the public health disaster emergency declared by the governor on March 11, 2020..., the employee (1) is employed as a firefighter, emergency medical technician, paramedic, peace officer, or health care provider
Penalty
Workers' compensation liability under AS 23.30 without the ordinary burden of proof (sec. 15)
What it required
Made COVID-19 contracted by firefighters, emergency medical technicians, paramedics, peace officers and health care providers a conclusively presumed occupational disease chargeable to the employer under AS 23.30, so that workplace infection prevention in those sectors was the employer's own legal and financial responsibility from March 11 to Nov. 15, 2020; sec. 32 protected persons who issued, provided or manufactured personal protective equipment during the emergency from civil damages absent gross negligence, recklessness or intentional misconduct, 'In addition to the immunity available under AS 09.65.091'. Character as recorded: statutory_provision (workers' compensation presumption).
Retrieval noteSB 241 sec. 2 extended the March 11, 2020 declaration to Nov. 15, 2020; sec. 4 protected health care providers implementing DHSS standing orders from civil damages absent gross negligence (sec. 4(d)). SB 241 enacted no general business liability shield; that came with HB 76 secs. 14-15 (DUT-AK-014).