Report: Committee Passes COVID Presumption| Employees Compensation Information

Monday, February 22, 2021 | 59 | 0 | 4 min read

A New Mexico State House of Representatives political committee passed bill that would create a refutable presumption that COVID-19 can be compensated for injured workers, according to a report by the Los Alamos Reporter.

Rep. Dayan Hochman Vigil

The House Labor, Veterans’ and Military Affairs Committee voted 5-3 on Thursday for Rep. Dayan Hochman-Vigil, D-Albuquerque to pass HB 268, the newspaper reported. The legislature’s website for HB 268 did not contain any information on the committee’s vote as of Friday morning.

HB 268 would suggest that COVID-19 could be compensated for essential workers diagnosed with the disease between the effective date of the measure and January 31, 2023 materially under a governor’s or minister of health public health ordinance.

Employers could use evidence to rebut the presumption that an employee was engaging in conduct or activities outside of employment that “were in serious breach of the 2019 public health rules related to coronavirus disease in force at the time”.

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

“We have heard from New Mexicans who no doubt caught COVID-19 at work and had severe symptoms in some cases but were denied worker compensation,” said draftsman Hochman Vigil. “HB 268 corrects this exclusion and ensures that our essential employees receive the benefits they deserve during this dangerous pandemic.”

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