Senate File 2364 H-8214 Amend Senate File 2364, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < Section 1. NEW SECTION . 85A.9 Occupational disease —— 5 COVID-19 virus exposure. 6 1. Notwithstanding section 85A.8, an employee, as described 7 in section 85A.3, who contracts the COVID-19 virus and who 8 alleges the employee’s employment has subjected the employee 9 to an increased risk of exposure to the COVID-19 virus is 10 presumed to have an occupational disease arising out of and in 11 the course of employment if the requirements of subsection 2 12 are met. 13 2. An employee is presumed to have an occupational 14 disease arising out of and in the course of employment if the 15 employee’s contraction of the COVID-19 virus is confirmed by 16 a positive laboratory test or, if a laboratory test is not 17 available for the employee, as diagnosed and documented by the 18 employee’s licensed physician, licensed physician assistant, or 19 licensed advanced registered nurse practitioner based upon the 20 employee’s symptoms. The employee shall provide a copy of the 21 positive laboratory test or the written documentation of the 22 diagnosis to the employer or the employer’s insurance carrier. 23 3. If the employee has met the requirements of subsections 24 1 and 2, the presumption that the employee has an occupational 25 disease arising out of and in the course of employment shall 26 only be rebutted upon proof by the employer or the employer’s 27 insurance carrier that the employment did not pose an increased 28 risk of exposure to the employee and that the employee’s 29 disease was caused by a nonoccupational exposure to the 30 COVID-19 virus. 31 4. The date of injury for an employee who has contracted 32 the COVID-19 virus under this section shall be the date that 33 the employee was first unable to work due to symptoms of the 34 COVID-19 virus, or the date the employee was first informed, 35 -1- SF2364.4093 (2) 88 ec/rn 1/ 2 #1.

through a positive laboratory test or diagnosis, that the 1 employee contracted the COVID-19 virus, whichever occurred 2 first. 3 5. An employee who has contracted the COVID-19 virus but 4 who is not entitled to the presumption provided under this 5 section is not precluded from claiming an occupational disease 6 as otherwise provided for in this chapter or from claiming a 7 personal injury. 8 6. The commissioner shall provide a detailed report on 9 workers’ compensation claims due to the COVID-19 virus under 10 this section to the workers’ compensation advisory committee 11 and the chairpersons and ranking members of the senate standing 12 committee on labor and business relations and the house 13 standing committee on labor by January 15, 2021. 14 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 15 importance, takes effect upon enactment. 16 Sec. 3. APPLICABILITY. This Act applies to employees, as 17 described in section 85A.3, who contract the COVID-19 virus on 18 or after the effective date of this Act. > 19 2. Title page, by striking lines 1 through 5 and inserting 20 < An Act relating to occupational disease compensation and 21 including effective and applicability date provisions. > 22 ______________________________ HUNTER of Polk -2- SF2364.4093 (2) 88 ec/rn 2/ 2 #2.