Sec. 2. Claims related to COVID–19
436 words·~2 min read·
/bill/117/hr/3114/rh/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
19 A covered employee who receives a diagnosis of COVID–19 or is subject to an order described in subsection (b)(2) and who provides notice of or files a claim under the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 901 et seq. ) 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 Act, the term covered employee means an individual who, at any time during the period beginning January 27, 2020, and ending on January 27, 2024, is an employee engaged in maritime employment as defined in section 2 of the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 902(3) ) and who— is diagnosed with COVID–19; and during a covered exposure period with respect to the date of such diagnosis carried out duties which— required contact with members of the public, co-workers, or other individuals associated with the course of employment; or included a risk of exposure to the novel coronavirus; or is 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.
For the purposes of subsection (b), maritime employment does not include employment under— the Defense Base Act ( 42 U.S.C. 1651 et seq. ); the Outer Continental Shelf Lands Act ( 43 U.S.C. 1333(b) ); and section 8171 of title 5, United States Code. This Act shall not apply with respect to a covered employee who— provides notice or files a claim described in subsection
(a)on or before the date of enactment of this Act; and is determined to be entitled to the compensation described in subsection
(a)or is awarded such compensation if such determination or award is made on or before the date of enactment of this Act. Subsection
(a)shall apply with respect to a covered employee who is determined not to be entitled to, or who is not awarded, compensation described in subsection
(a)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 to which subsection
(a)applies, including disability compensation, 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) ).
Connectionstraces to 5
Traces to 5 documents
Citation graph
cites case law
Cites 5Cited by 0 across 0 sources