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HB0059 • 2022

Worker's compensation-COVID-19.

AN ACT relating to worker's compensation; amending the experience rating system requirements for claims related to COVID-19; repealing a fund transfer; and providing for an effective date.

Budget Labor
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Appropriations
Last action
2022-03-08
Official status
enrolled
Effective date
3/8/2022

Plain English Breakdown

The official summary does not provide details on updates from previous years regarding presumptive coverage for COVID-19 illnesses, only that it extends the period during which claims do not affect an employer’s experience rating and removes a requirement related to federal fund transfers.

Worker's Compensation Changes for COVID-19

This law changes how worker's compensation claims related to COVID-19 are handled, extending the period during which such claims do not affect an employer’s experience rating and removing a requirement to transfer federal funds into the worker's compensation fund.

What This Bill Does

  • Extends the time when injuries from COVID-19 will be considered separate from an employer's experience rating until March 31, 2023.
  • Removes the need for employers to deposit available federal relief funds into the worker’s compensation fund to cover costs related to COVID-19 claims.

Who It Names or Affects

  • Employers who have workers with confirmed or suspected cases of COVID-19.
  • Workers who contract COVID-19 while on the job and file claims for worker's compensation.

Terms To Know

Experience rating
A system used by insurance companies to adjust premiums based on a company's history of workplace injuries or illnesses.
Compensable injury
An injury that is covered under worker’s compensation and for which an employee can receive benefits.

Limits and Unknowns

  • The law does not specify what happens to claims after March 31, 2023.
  • It's unclear how the removal of federal fund transfers will affect the overall funding of worker’s compensation programs for future COVID-19 cases.

Bill History

  1. 2022-03-08 LSO

    Assigned Chapter Number 16

  2. 2022-03-08 Governor

    Governor Signed HEA No. 0006

  3. 2022-03-04 Senate

    S President Signed HEA No. 0006

  4. 2022-03-03 House

    H Speaker Signed HEA No. 0006

  5. 2022-03-03 LSO

    Assigned Number HEA No. 0006

  6. 2022-03-03 Senate

    S 3rd Reading:Passed 30-0-0-0-0

  7. 2022-03-02 Senate

    S 2nd Reading:Passed

  8. 2022-03-01 Senate

    S COW:Passed

  9. 2022-02-28 Senate

    S Placed on General File

  10. 2022-02-28 Senate

    S02 - Appropriations:Recommend Do Pass 5-0-0-0-0

  11. 2022-02-23 Senate

    S Introduced and Referred to S02 - Appropriations

  12. 2022-02-17 Senate

    S Received for Introduction

  13. 2022-02-17 House

    H 3rd Reading:Passed 59-0-1-0-0

  14. 2022-02-16 House

    H 2nd Reading:Passed

  15. 2022-02-15 House

    H COW:Passed

  16. 2022-02-15 House

    H Placed on General File

  17. 2022-02-15 House

    H02 - Appropriations:Recommend Do Pass 7-0-0-0-0

  18. 2022-02-14 House

    H Introduced and Referred to H02 - Appropriations 58-1-1-0-0

  19. 2022-02-11 House

    H Received for Introduction

  20. 2022-02-03 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 22LSO-0323
Bill No.:

HB0059

Effective:

Immediately

LSO No.:

22LSO-0323

Enrolled Act No.:

HEA No. 0006

Chapter No.:

16

Prime Sponsor:

Joint Appropriations Committee

Catch Title:

Worker's compensation-COVID-19.

Subject:

COVID-19 worker's compensation injures.

Summary/Major Elements:

In 2020, the Legislature passed Senate File 1002 (2020 Wyo. Spec. Sess. Laws, Ch. 2), which established that a COVID-19 illness would be presumed to be an injury covered under the worker's compensation program from January 1, 2020, to December 30, 2020, and
provided that
COVID-19 related claims made on or before December 30, 2020, would not be included in an employer's experience rating.

In 2021, the Legislature passed Senate File 0019 (2021 Wyo. Sess. Laws, Ch. 118), which extended the
time period
for which a COVID-19 illness would be presumed to be an injury covered under the worker's compensation program to March 31, 2022, but it did not extend the time period for which such claims would not be included in an employer's experience rating.

This act extends and amends the
time period
for which compensable injures rated to COVID-19 will not be included in employer's experience rating.

It applies to injuries that occur before March 31, 2022, and that are filed before March 31, 2023.

The act also repeals language requiring that available federal relief funds be deposited in the worker's compensation fund to cover the estimated cost of the coverage provided for COVID-19 illnesses.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
22LSO-0323

ORIGINAL House

Bill No
.
HB0059

ENROLLED ACT NO. 6,

HOUSE OF REPRESENTATIVES

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2022 Budget Session

AN ACT relating to worker's compensation; amending the experience rating system requirements for claims related to COVID-19; repealing a fund transfer; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 27
‑
14
‑
201(u) is amended to read:

27
‑
14
‑
201.

Rates and classifications; rate surcharge.

(u)

No
compensable
injury related to COVID
‑
19
that occurs during the period beginning January 1, 2020 and ending March 31, 2022
for which coverage is provided under this act and for which a claim was filed on or before
December 30, 2020
March 31, 2023
shall be chargeable to an employer's experience rating under this section.
The division shall estimate the cost to the fund of an injury subject to this subsection and shall deposit into the fund or dedicate within the fund the amount of the estimated cost but only to the extent federal monies are available for that purpose from the Coronavirus Aid, Relief and Economic Security (CARES) Act, P.L. 116
‑
136, or from any other available federal monies related to the COVID
‑
19 emergency response.

Section 2.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1