Sec. 2103. Compensation pursuant to the Longshore and Harbor Workers’ Compensation Act
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19 Subject to subsection (c), 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 under section 12 or 13 of the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 912 , 913), respectively, relating to such diagnosis or order shall be conclusively presumed to have an injury arising out of or in the course of employment for the purpose of compensation under the Longshore and Harbor Workers’ Compensation Act.
In this section, the term covered employee means an individual who, at any time during the period beginning January 27, 2020, and ending on January 27, 2023— is an employee; and is— diagnosed with COVID–19; or 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. This section shall not apply with respect to a covered employee who— provides notice or files a claim described in paragraph
(1)on or before the date of the enactment of this Act; and is determined to be entitled to the compensation described in paragraph
(1)or awarded such compensation if such determination or award is made on or before such date. Paragraph
(1)shall apply with respect to a covered employee who is determined not to be entitled to, or who is not awarded, compensation described in paragraph
(1)if such determination or decision not to award such compensation is made on or before the date of enactment of this Act. The Secretary shall not consider any compensation paid with respect to a notice or claim described in subsection (a), including compensation for disability, death benefits, funeral and burial expenses, and medical expenses, in calculating the annual assessments under section 44(c)(2) of the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 944(c)(2) ). Subject to subparagraph
(B)and to the availability of appropriations and limitation on payments under subsection (c), 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 the novel coronavirus that causes 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 ), and the National Institute for Occupational Safety and Health; 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). Subject to subsection (c), to receive reimbursement under paragraph (1)— a claim for such reimbursement shall be submitted to the Secretary of Labor— not earlier than— the date on which a compensation order (as described in section 19(e) of the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 919(e) )) is issued that fixes entitlement to benefits; or the date on which— a payment is made under such Act; entitlement to benefits is established under such Act; and the rate of compensation and period of payment is relatively fixed and known; and not later than one year after the final payment of compensation to a covered employee pursuant to this section; 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. The Secretary may commute future compensation installments with respect to a claim under this section. A reimbursement under subsection
(b)shall be paid out of the Longshore COVID–19 Fund established in section 45 of the Longshore and Harbor Workers’ Compensation Act (in this section, referred to as the Longshore COVID–19 Fund ). In addition to amounts otherwise available, there are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for the period beginning on the date of enactment of this Act and ending on September 30, 2030, to the Longshore COVID–19 Fund for each reimbursement paid out of such Fund under subsection (b). With respect to a notice or claim for benefits approved on the basis of subsection (a), no payments may be made from the Longshore COVID–19 Fund or the special fund established under section 44 of the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 944 ) after September 30, 2030, for benefits, reimbursements, or other expenditures relating to such claim. The action of the Secretary in allowing or denying any reimbursement under subsection
(b)shall be final and conclusive on all questions of law and fact. 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 ). The term novel coronavirus means SARS–CoV–2 or any other coronavirus declared to be a pandemic by public health authorities. 19 Fund The Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 901 ) is amended by adding after section 44 the following: 19 Fund There is established in the United States Department of Labor the Longshore COVID–19 Fund (in this section, referred to as the Fund ), which consists of sums that are appropriated to the Fund under section 2104(c)(2) of the American Rescue Act of 2021. Amounts in the Fund shall be available for the reimbursement of an employer or the employer’s carrier for payment of compensation, death benefits, and other benefits and expenses paid under this Act when reimbursement is required under section 2104(b) of the American Rescue Act of 2021, subject to any limitations in such section. .
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Sec. 2103
Compensation pursuant to the Longshore and Harbor Workers’ Compensation Act
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