On February 10, 2021, the US House Education and Labor Committee, Chaired by Representative Bobby Scott (D-VA), voted to report legislative language to be part of the 2021 Budget Reconciliation bill. Click here for the fact sheet.
Click here for the language proposed as a substitute by the Chairman.
Section 2104 of the legislative language provides in part that:
SEC. 2104. COMPENSATION PURSUANT TO THE LONGSHORE AND HARBOR WORKERS’ COMPENSATION ACT.
(a) CLAIMS RELATED TO COVID–19.— (1) IN GENERAL.—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 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 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 (33 U.S.C. 901 et seq.).
(2) COVERED EMPLOYEE.— (A) IN GENERAL.—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, 3 2023—
(i) is an employee; and
(ii) is— (I) diagnosed with COVID–19; or
(II) 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.
House Education and Labor Ranking Member Virginia Foxx (R-NC) raised a concern with this provision in her opening statement during the hearing.
UWC opposed a presumption that was previously proposed as part of the HEROES Act passed by the House in 2020. We continue to raise concerns with this provision and will send a letter to congressional leadership.
