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COVID-19 presumption for school employees reintroduced

school bus

Minnesota lawmakers on Monday introduced a bill that would make COVID-19 a compensable illness for those working in schools after two similar measures failed to gain traction in late 2020.

H.B. 37 states that an employee who contracts COVID-19 is presumed to have an occupational disease arising​ out of and in the course of employment if the employee works in a school. The bill covers teachers, administrators, bus drivers, custodians and school​ nutrition staff.

The contraction of COVID-19 must be confirmed by a positive laboratory​ test or, if such a test is not available, by a diagnosis by the employee’s licensed physician, licensed physician's assistant or licensed advanced​ practice registered nurse, based on the employee’s symptoms.

The presumption would only be rebutted “if the employer or insurer shows the employment was​ not a direct cause of the disease,” the bill states.

The measure would become effective the day following final enactment and​ apply retroactively for employees who contracted COVID-19 on or after July 15, 2020, with the law sunsetting on July 30, 2021.

More insurance and workers compensation news on the coronavirus crisis here


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