The COVID Project
The record
- Jurisdiction
- Wyoming
- Level
- State
- Authority
- Wyo. Const. art. 4, § 8 (effective immediately upon completion of all acts necessary for a bill to become law)
- Issued
- 2021-04-06 Apr. 6, 2021
- Effective
- 2021-04-06 (Section 4: 'effective immediately upon completion of all acts necessary for a bill to become law') (read as 2021-04-06)
- End
- standing (W.S. 1-1-141; 35-4-114(d)-(e)); the worker's compensation COVID-19 presumption in 27-14-102(a)(xi)(A) extended to March 31, 2022 (read as 2022-03-31)
- In force
- Standing since Apr. 6, 2021 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Standing dutyOperating condition
- Addressees
- health care providers; persons generally; business entities; employers under the Wyoming Worker's Compensation Act
- Character
- liability shield condition
- Collection
- Standing duties: Wyoming DUT-WY
Operative words
Any health care provider, person or entity shall be immune from liability for damages in an action involving a COVID-19 liability claim unless the person seeking damages proves that the health care provider, person or entity took actions that constitutes gross negligence or willful or wanton misconduct.
Penalty
None (a shield and a presumption)
What it required
Created W.S. 1-1-141 (assumption of the risk on entering premises); amended 35-4-114(a) to add 'and subject to subsection (d) of this section' and created 35-4-114(d) (immunity in every COVID-19 liability claim absent gross negligence or willful or wanton misconduct) and (e) (particularity; clear and convincing evidence); extended the worker's compensation presumption that a COVID-19 infection arose from employment from December 30, 2020 to March 31, 2022; Section 3: applies 'to all actions and omissions that cause injury occurring on and after the effective date of this act'.
Retrieval noteLSO bill record (https://lsoservice.wyoleg.gov/api/BillInformation/2021/SF0019): enrolledNumber SEA0057, chapter CH0118, signedDate 4/6/2021, effectiveDate 4/6/2021. Section 2 reprints 35-4-114(a) with the pre-existing business-entity and good-faith-response language. The worker's compensation amendment (27-14-102(a)(xi)(A)) presumes, for infections through March 31, 2022, 'that the risk of contracting the illness or disease was increased by the nature of the employment', a legislative finding that the workplace was a place of COVID-19 exposure.