PURPOSE: The intent of this rule is to
clarify that certain evidence related to exposure of First Responders to
COVID-19 will be available for review in proceedings under Chapter 287, RSMo.
This rule is also for the purpose of providing protections for First Responders
in the state of Missouri related to the COVID-19 public health emergency. This
rule implements clarifications to the Missouri Workers' Compensation Law
effected by the Governor's Executive Order 20-19 (originally Executive Order
20-02) and pursuant to the Governor's emergency powers under Chapter 44, RSMo.
This rule will also assist the Missouri State Department of Health and Senior
Services in performing their critical duties of providing for the health and
welfare of Missouri citizens.
(1) A First Responder, defined as a law
enforcement officer, firefighter, or an emergency medical technician (EMT), as
such occupations are defined in section
287.243, RSMo, who has
contracted COVID-19 may present evidence in the form of an affirmation from
their employer that the First Responder's duties were such as to create an
occupational exposure to COVID-19. In any proceeding under Chapter 287, RSMo,
such affirmation may be relied upon as sufficient competent evidence in the
record for a finding that the occupational disease arose out of and in the
course of such employment and that such occupational exposure was the
prevailing factor in causing the resulting medical condition, disability,
and/or death. When such affirmation is presented, medical conditions,
disability, and/or death resulting from COVID-19 shall be considered to follow
as an incident of an occupational disease and shall not be considered an
ordinary disease of life to which the general public is exposed outside of the
employment.
(2) The authorization
referred to in section (1) shall be made on the following form, the sole
purpose of which is to be submitted as evidence in a proceeding under Chapter
287, RSMo. As used in this section, the term "Authorized Employer
Representative" shall mean a person with supervisory authority over, and with
personal knowledge of the daily work-related duties of, the named First
Responder.
Affirmation of Employer-Scope of Employment of First
Responder Employee
By signing this form I affirm by personal knowledge or belief
that the individual named below is a First Responder as defined in section
287.243, RSMo and that such
individual's duties arising in the normal scope and course of his/her
employment do require and cause in-person interactions with the public, in a
manner not typically required of the general public, as to expose him/her to
COVID-19 and that such individual did perform such duties during the time of a
declared state of emergency.
This form shall constitute evidence that may be offered in a
proceeding under Chapter 287, RSMo.
First Responder Employee (Name):
____________________________________________
Employer:
_________________________________________________________________
Authorized Employer Representative (Name/Title):
_________________________________
Authorized Employer Representative (Signature):
__________________________________
In Witness whereof, I have hereunto subscribed my name and
affixed by official seal this _____day of ________________, 20_____.
_________________
Notary Public
My Commission Expires:
_________________
(3) Section (1) shall not apply if a
subsequent medical determination establishes that the First Responder did not
contract COVID-19.
(4)
Notwithstanding section (1), if the weight of sufficient competent evidence
demonstrates that a First Responder contracted COVID-19 resulting from exposure
that was not related to the First Responder's employment, the claim shall not
be compensable.
(5) The provisions
of this rule shall cease to be in effect at the expiration of the state of
emergency declared in Executive Order 20-19 (originally declared in Executive
Order 2002) or any successor executive order extending the state of emergency,
whichever occurs later.
Notes
8 CSR
50-5.007
AUTHORITY:
section 287.650, RSMo 2016.* Emergency
rule filed Jan. 15, 2021, effective Feb. 1, 2021, expired July 30, 2021.
Original rule filed Jan. 22, 2021, effective July 30,
2021.
Adopted by
Missouri
Register February 16, 2020/Volume 46, Number 04, effective
2/1/2021
Amended by
Missouri
Register June 15, 2021/Volume 46, Number 12, effective
7/31/2021
Repealed by
Missouri
Register July 1, 2022/Volume 47, Number 13, effective
8/31/2022
