Nebraska reconsiders COVID presumption bill

Nebraska lawmakers on Wednesday reintroduced prefiled legislation to make COVID-19 a compensable illness for essential workers.

L.B. 441, a carryover bill, states that “an essential worker who otherwise qualifies for workers compensation and (i) is confirmed as COVID-19 positive on or after March 13, 2020, either by physician or by test, (ii) has COVID-19 listed as the cause of death on the essential worker’s death certificate, or (iii) is quarantined at the direction of the employer due to suspected COVID-19 exposure or the display of any COVID-19 symptoms, shall be presumed to have suffered from an accident arising out of and in the course of his or her employment.”

The bill, which would be rebuttable if an employer can prove the worker was infected elsewhere, names 10 categories of workers, including first responders and health care workers, who would qualify for the presumption.

The bill is slated for a first reading on Jan. 15.