Sec. 120501. Compensation pursuant to the Longshore and Harbor Workers’ Compensation Act
755 words·~3 min read·
/bill/116/hr/6800/ih/section-120501A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A covered employee who receives a diagnosis or is subject to an order described in paragraph (2)(B) and who provides notice of or files a claim relating to such diagnosis or order under section 12 or 13 of the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 912 , 913), respectively, shall— be deemed to have an injury arising out of or in the course of employment for which compensation is payable under the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 901 et seq.); and be paid the compensation to which the employee is entitled under such Act ( 33 U.S.C. 901 et seq.).
In this section, the term covered employee means an employee who— at any time during the period beginning on January 27, 2020, and ending on January 27, 2022, was engaged in maritime employment; and was— at any time during the period beginning on January 27, 2020, and ending on February 27, 2022, diagnosed with COVID–19; or at any time during the period described in subparagraph (A), ordered not to return to work by the employee’s employer or by a local, State, or Federal agency because of exposure, or the risk of exposure, to 1 or more individuals diagnosed with COVID–19 in the workplace.
Subject to subparagraph (B), an employer of a covered employee or the employer’s carrier shall be entitled to reimbursement for any compensation paid with respect to a notice or claim described in subsection (a), including disability benefits, funeral and burial expenses, medical or other related costs for treatment and care, and reasonable and necessary allocated claims expenses. To be entitled to reimbursement under subparagraph (A)— an employer shall be in compliance with all applicable safety and health guidelines and standards that are related to the prevention of occupational exposure to COVID–19, including such guidelines and standards issued by the Occupational Safety and Health Administration, State plans approved under section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 ), the Coast Guard, and Federal, State or local public health authorities; and a carrier— shall be a carrier for an employer that is in compliance with clause (i); and shall not adjust the experience rating or the annual premium of the employer based upon the compensation paid by the carrier with respect to a notice or claim described in subparagraph (A).
To receive reimbursement under paragraph (1)— a claim for such reimbursement shall be submitted to the Secretary of Labor— not later than one year after the final payment of compensation to a covered employee pursuant to this section; and in the same manner as a claim for reimbursement is submitted in accordance with part 61 of title 20, Code of Federal Regulations (as in effect on the date of enactment of this Act); and an employer and the employer’s carrier shall make, keep, and preserve such records, make such reports, and provide such information, as the Secretary of Labor determines necessary or appropriate to carry out this section.
A reimbursement under paragraph
(1)shall be paid out of the special fund established in section 44 of Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 944 ). There are authorized to be appropriated, and there are appropriated, such funds as may be necessary to reimburse the special fund described in paragraph
(1)for each reimbursement paid out of such fund under paragraph (1). Not later than 60 days after the end of fiscal year 2020, 2021, and 2022, the Secretary of Labor shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate, an annual report enumerating— the number of claims filed pursuant to section (a)(1); of such filed claims— the number and types of claims approved under section 13 of the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 913 ); the number and types of claims denied under such section; the number and types of claims pending under such section; and the amounts and the number of claims for reimbursement paid out of the special fund under subsection (c)(1) for the fiscal year for which the report is being submitted. The Secretary of Labor may promulgate such regulations as may be necessary to carry out this section. In this section, the terms carrier , compensation , employee , and employer have the meanings given the terms in section 2 of the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 902 ).
Connectionstraces to 6
Citation graph
cites case law
Sec. 120501
Compensation pursuant to the Longshore and Harbor Workers’ Compensation Act
Cites 6Cited by 0 across 0 sources