Report: Committee Passes COVID Presumption

Monday, February 22, 2021 | 0

A policy committee in the New Mexico state House of Representatives passed a bill that would create a rebuttable presumption that COVID-19 is compensable for injured workers, according to a report by the Los Alamos Reporter.

Rep. Dayan Hochman-Vigil

The House Labor, Veterans’ and Military Affairs Committee on Thursday voted 5-3 to pass HB 268, by Rep. Dayan Hochman-Vigil, D-Albuquerque, the newspaper reports. The state Legislature’s web page for HB 268 did not include committee vote information as of Friday morning.

HB 268 would create a presumption that COVID-19 is compensable for essential workers diagnosed with the disease between the effective date of the measure and Jan. 31, 2023. The bill would define essential workers to include public safety employees, school employees or anyone declared essential pursuant to a public health order of the governor or secretary of health.

Employers could rebut the presumption with evidence that a worker engaged in conduct or activities outside of employment that “substantially violated the then-existent public health orders related to the coronavirus disease 2019.”

The measure would also prohibit the use of data relating to presumptive COVID-19 claims as part of a rating plan.

“We’ve heard from New Mexicans who unquestionably caught COVID-19 at work, and in some cases had severe symptoms, but were denied workers’ compensation,” the bill’s author, Hochman-Vigil, reportedly said. “HB 268 corrects this exclusion and ensures that our essential workers receive the benefits they deserve during this dangerous pandemic.”

HB 268 now goes to the House Committee on State Government, Elections and Indian Affairs.