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Senate creates rebuttable presumption for first responders' COVID-19 workers' comp; some senators warn of cost exposure

Utah State Senate · April 16, 2020
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Summary

The Senate passed HB 3,007 to extend workers' compensation coverage to first responders and certain volunteers who contract COVID-19 on duty by creating a rebuttable presumption tied to a positive test and physician note; the vote recorded 25-3-1. Critics warned the bill could broaden comp exposure and raise premiums.

The Utah Senate passed first substitute HB 3,007 on April 16 to extend workers' compensation coverage to first responders and volunteers who contract COVID-19 in the course of their duties.

Sponsor Senator Cullimore described the bill's key provision: a rebuttable presumption that infection occurred at work, supported by a positive test and a physician's note. The change makes it easier for firefighters, police and certain volunteers to access workers' compensation benefits while isolating and recovering.

Supporters said the change acknowledges the heightened exposure risk for first responders and helps maintain workforce stability; Senator Maine recounted scenarios in which responders isolate for extended periods after exposure. Opponents cautioned about premium impacts and the potential for claims that arise from nonwork sources. Senator Wyler said he supported honoring first responders but would vote no because, in his view, the measure could require workers' comp to pay claims even when infection likely occurred outside of work.

The bill was recorded as passing the Senate with 25 yeas, 3 nays and 1 absent and will be transmitted to the House for signature; sponsors suggested broader review for potential expansion to other contagious diseases at a later date.