S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10391
 
                           I N  A S S E M B L Y
 
                                May 4, 2020
                                ___________
 
 Introduced  by M. of A. STERN -- read once and referred to the Committee
   on Local Governments
 
 AN ACT to amend the general municipal law, in  relation  to  presumption
   regarding  impairment  of health caused by COVID-19 and in relation to
   sick leave; and to amend the workers' compensation law, in relation to
   workers' compensation coverage and benefits for employees who  partic-
   ipated in essential services during the COVID-19 outbreak
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general municipal  law  is  amended  by  adding  a  new
 section 207-r to read as follows:
   §  207-R.  NOTWITHSTANDING  ANY  PROVISION  OF  THIS CHAPTER OR OF ANY
 GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AND FOR THE  PURPOSES  OF
 THIS  CHAPTER, ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY COVID-19,
 RESULTING IN TOTAL OR PARTIAL DISABILITY, DEATH,  ACCIDENTAL  DISABILITY
 OR  ACCIDENTAL  DEATH  TO  ANY  SHERIFF, UNDERSHERIFF, DEPUTY SHERIFF OR
 CORRECTIONS OFFICER OF THE SHERIFF'S DEPARTMENT OF ANY  COUNTY,  OR  ANY
 MEMBER OF A POLICE FORCE OF ANY COUNTY, CITY, TOWN OR VILLAGE, OR OF ANY
 DISTRICT,  AGENCY, BOARD, BODY OR COMMISSION THEREOF, OR ANY LIRR POLICE
 OFFICER AS DEFINED IN PARAGRAPH TWO OF SUBDIVISION A  OF  SECTION  THREE
 HUNDRED  EIGHTY-NINE  OF  THE RETIREMENT AND SOCIAL SECURITY LAW, OR ANY
 PAID  OFFICER  OR  MEMBER  OF   AN   ORGANIZED   FIRE   COMPANY OR  FIRE
 DEPARTMENT  OF  A  CITY, TOWN, VILLAGE  OR  FIRE  DISTRICT, OR EMERGENCY
 MEDICAL  TECHNICIAN, ADVANCED EMERGENCY MEDICAL TECHNICIAN OR PARAMEDIC,
 WHOSE BENEFITS ARE PROVIDED  IN  AND  PURSUANT  TO  SUCH  SECTION  THREE
 HUNDRED  EIGHTY-NINE,  OR A DETECTIVE-INVESTIGATOR OR ANY OTHER INVESTI-
 GATOR WHO IS A POLICE OFFICER PURSUANT TO THE PROVISIONS OF THE CRIMINAL
 PROCEDURE LAW EMPLOYED IN THE OFFICE OF A DISTRICT ATTORNEY OF ANY COUN-
 TY, OR ANY PROBATION OFFICER OF ANY DEPARTMENT, AGENCY OR SERVICE  MAIN-
 TAINED  BY  ANY  COUNTY  OR  CITY,  OR  ANY PAROLE OFFICER AS DEFINED BY
 SECTION TEN OF THE CORRECTION LAW, OR A PEACE OFFICER  EMPLOYED  BY  THE
 UNIFIED  COURT  SYSTEM  OR A MEMBER OF THE UNIFORMED CORRECTION FORCE OF
 NEW YORK CITY DEPARTMENT OF CORRECTION OR OF THE STATE  OR  ANY  MUNICI-
 PALITY,  OR  POLICE  OFFICER EMPLOYED BY THE METROPOLITAN TRANSPORTATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15859-06-0

 A. 10391                            2
 
 AUTHORITY, OR A POLICE OFFICER EMPLOYED BY THE  PORT  AUTHORITY  OF  NEW
 YORK  AND NEW JERSEY OR POLICE OFFICER AS DEFINED IN SUBDIVISION THIRTY-
 FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, OR  MEMBERS  OF  THE
 REGIONAL  STATE  PARK POLICE, MEMBERS OF THE DIVISION OF LAW ENFORCEMENT
 IN THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION,  MEMBERS  HOLDING  THE
 POSITION  OF  FOREST RANGER IN THE SERVICE OF THE DEPARTMENT OF ENVIRON-
 MENTAL CONSERVATION, UNIVERSITY POLICE OFFICERS APPOINTED BY  THE  STATE
 UNIVERSITY  AS  DEFINED  IN THE RETIREMENT AND SOCIAL SECURITY LAW WHOSE
 BENEFITS ARE PROVIDED IN AND PURSUANT TO SECTION THREE  HUNDRED  EIGHTY-
 THREE, THREE HUNDRED EIGHTY-THREE-A, THREE HUNDRED EIGHTY-THREE-B, THREE
 HUNDRED  EIGHTY-THREE-C,  OR THREE HUNDRED EIGHTY-THREE-D OF THE RETIRE-
 MENT AND SOCIAL SECURITY LAW, TROOPERS AND TROOPER INVESTIGATORS, OR ANY
 SUPERVISING FIRE INSPECTOR, FIRE INSPECTOR, FIRE MARSHAL,  OR  ASSISTANT
 FIRE  MARSHAL  WHERE  SUCH OFFICER IS EXPOSED OR COMES INTO CONTACT WITH
 COVID-19 AND SUCH MEMBER TEST POSITIVE FOR COVID-19, SHALL  BE  PRESUMP-
 TIVE EVIDENCE THAT SUCH PERMANENT OR PARTIAL DISABILITY OR DEATH (1) WAS
 CAUSED BY THE NATURAL AND PROXIMATE EXPOSURE, NOT CAUSED BY THE INDIVID-
 UAL'S  OWN  NEGLIGENCE  AND  (2)  WAS  INCURRED  IN  THE PERFORMANCE AND
 DISCHARGE OF DUTY AND  PROXIMATE  RESULT  OF  AN  ACCIDENT,  UNLESS  THE
 CONTRARY  BE  PROVEN  BY COMPETENT EVIDENCE.  ANY INDIVIDUAL PURSUANT TO
 THIS SECTION THAT IS TAKEN ILL IN THE PERFORMANCE OF HIS OR  HER  DUTIES
 SO AS TO NECESSITATE MEDICAL OR OTHER LAWFUL REMEDIAL TREATMENT SHALL BE
 PAID  BY THE MUNICIPALITY OR THE LONG ISLAND RAIL ROAD COMPANY, THE PORT
 AUTHORITY OF NEW YORK AND NEW JERSEY OR THE METROPOLITAN  TRANSPORTATION
 AUTHORITY  BY  WHICH HE OR SHE IS EMPLOYED THE FULL AMOUNT OF HIS OR HER
 REGULAR SALARY OR WAGES FROM SUCH EMPLOYER UNTIL HIS OR  HER  DISABILITY
 ARISING  THEREFROM  HAS CEASED, IN ADDITION THE MUNICIPALITY OR THE LONG
 ISLAND RAIL ROAD COMPANY, THE PORT AUTHORITY OF NEW YORK AND NEW  JERSEY
 OR  THE  METROPOLITAN TRANSPORTATION AUTHORITY SHALL BE LIABLE FOR FIFTY
 PERCENT OF ALL MEDICAL TREATMENT AND HOSPITAL CARE NECESSITATED BY  SUCH
 REASON OF ILLNESS AND THE STATE SHALL BE LIABLE FOR FIFTY PERCENT.
   § 2. The general municipal law is amended by adding a new section 92-e
 to read as follows:
   §  92-E.  SICK  LEAVE  FOR OFFICERS AND EMPLOYEES WITH COVID-19. 1.(A)
 NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRARY,  ANY
 SHERIFF,  UNDERSHERIFF,  DEPUTY  SHERIFF  OR  CORRECTIONS OFFICER OF THE
 SHERIFF'S DEPARTMENT OF ANY COUNTY OR ANY MEMBER OF A  POLICE  FORCE  OF
 ANY  COUNTY,  CITY  WITH  A POPULATION OF LESS THAN ONE MILLION, TOWN OR
 VILLAGE, OR OF ANY DISTRICT, AGENCY, BOARD, BODY OR COMMISSION  THEREOF,
 OR,  ANY  POLICE  OFFICER WHOSE BENEFITS ARE PROVIDED IN AND PURSUANT TO
 SECTION THREE HUNDRED EIGHTY-THREE, THREE HUNDRED EIGHTY-THREE-A,  THREE
 HUNDRED  EIGHTY-THREE-B,  THREE HUNDRED EIGHTY-THREE-C, OR THREE HUNDRED
 EIGHTY-THREE-D OF THE RETIREMENT AND SOCIAL SECURITY LAW,  TROOPERS  AND
 TROOPER  INVESTIGATORS,  OR  ANY LIRR POLICE OFFICER AS DEFINED IN PARA-
 GRAPH TWO OF SUBDIVISION A OF SECTION THREE HUNDRED EIGHTY-NINE  OF  THE
 RETIREMENT  AND  SOCIAL  SECURITY LAW, OR ANY  PAID  OFFICER  OR  MEMBER
 OF  AN  ORGANIZED  FIRE  COMPANY OR FIRE DEPARTMENT  OF  A  CITY,  TOWN,
 VILLAGE  OR  FIRE  DISTRICT, OR EMERGENCY  MEDICAL  TECHNICIAN, ADVANCED
 EMERGENCY  MEDICAL  TECHNICIAN OR PARAMEDIC, WHOSE BENEFITS ARE PROVIDED
 IN AND PURSUANT TO SUCH SECTION THREE HUNDRED EIGHTY-NINE, OR  A  DETEC-
 TIVE-INVESTIGATOR  OR  ANY  OTHER  INVESTIGATOR  WHO IS A POLICE OFFICER
 PURSUANT TO THE PROVISIONS OF THE CRIMINAL PROCEDURE LAW EMPLOYED IN THE
 OFFICE OF A DISTRICT ATTORNEY OF ANY COUNTY, OR  PROBATION  OFFICERS  OF
 ANY  DEPARTMENT,  AGENCY OR SERVICE MAINTAINED BY ANY COUNTY OR CITY, OR
 PAROLE OFFICERS AS DEFINED BY SECTION TEN OF THE CORRECTION  LAW,  OR  A
 PEACE  OFFICER  EMPLOYED  BY THE UNIFIED COURT SYSTEM OR A MEMBER OF THE

 A. 10391                            3
 
 UNIFORMED CORRECTION FORCE OF NEW YORK CITY DEPARTMENT OF CORRECTION  OR
 OF  THE  STATE  OR  ANY  MUNICIPALITY, OR POLICE OFFICER EMPLOYED BY THE
 METROPOLITAN TRANSPORTATION AUTHORITY, OR A POLICE OFFICER  EMPLOYED  BY
 THE  PORT  AUTHORITY  OF  NEW  YORK  AND NEW JERSEY OR POLICE OFFICER AS
 DEFINED IN SUBDIVISION THIRTY-FOUR  OF  SECTION  1.20  OF  THE  CRIMINAL
 PROCEDURE  LAW,  OR ANY SUPERVISING FIRE INSPECTOR, FIRE INSPECTOR, FIRE
 MARSHAL, OR ASSISTANT FIRE MARSHAL WHO WAS EXPOSED OR CAME INTO  CONTACT
 WITH  COVID-19  AND  SUCH  INDIVIDUAL  TESTS  POSITIVE  FOR COVID-19, AS
 DEFINED IN SECTION TWO HUNDRED SEVEN-R OF THIS CHAPTER, SHALL, AFTER THE
 RECEIPT OF A WRITTEN REQUEST FOR LINE OF DUTY  SICK  LEAVE,  BE  GRANTED
 LINE  OF  DUTY  SICK LEAVE COMMENCING ON THE DATE THAT SUCH EMPLOYEE WAS
 DIAGNOSED WITH COVID-19. THE INDIVIDUAL SHALL BE COMPENSATED AT  HIS  OR
 HER  REGULAR  RATE  OF PAY FOR THOSE REGULAR WORK HOURS DURING WHICH THE
 INDIVIDUAL IS ABSENT FROM WORK DUE TO HIS OR HER  COVID-19.  SUCH  LEAVE
 SHALL BE PROVIDED WITHOUT LOSS OF AN INDIVIDUAL'S ACCRUED SICK LEAVE.
   (B)  A  PUBLIC  EMPLOYER  SHALL  NOT TAKE ANY ADVERSE PERSONNEL ACTION
 AGAINST A PUBLIC EMPLOYEE REGARDING THE  EMPLOYEE'S  EMPLOYMENT  BECAUSE
 EITHER  (I) THE EMPLOYEE UTILIZES, OR REQUESTS TO UTILIZE, SICK LEAVE OR
 ANY OTHER AVAILABLE LEAVE DUE TO COVID-19, OR (II) THE EMPLOYEE UTILIZES
 OR REQUESTS TO UTILIZE LINE OF DUTY SICK LEAVE PROVIDED BY THIS SECTION.
   (C) FOR PURPOSES OF THIS SECTION, AN "ADVERSE PERSONNEL ACTION"  MEANS
 ANY  DISCIPLINE,  INCLUDING  ISSUING  A NOTICE OF DISCIPLINE, DISCHARGE,
 SUSPENSION, DEMOTION, PENALIZATION, OR DISCRIMINATION AGAINST AN EMPLOY-
 EE UTILIZING LINE OF DUTY SICK LEAVE PURSUANT TO PARAGRAPH (A)  OF  THIS
 SUBDIVISION.
   NOTHING  IN  THIS  SECTION SHALL LIMIT AN EMPLOYER'S POWER PURSUANT TO
 ANY OTHER PROVISION OF LAW TO DISCIPLINE AN INDIVIDUAL  BY  TERMINATION,
 REDUCTION  OF  SALARY, OR ANY OTHER APPROPRIATE MEASURE; TO TERMINATE AN
 APPOINTEE WHO HAS NOT COMPLETED HIS OR HER  PROBATIONARY  TERM;  AND  TO
 APPLY FOR ORDINARY OR ACCIDENT DISABILITY RETIREMENT FOR AN INDIVIDUAL.
   2.  (A)  NOTWITHSTANDING  ANY  OTHER  LAW,  RULE  OR REGULATION TO THE
 CONTRARY, ANY SHERIFF, UNDERSHERIFF, DEPUTY SHERIFF OR CORRECTIONS OFFI-
 CER OF THE SHERIFF'S DEPARTMENT OF ANY COUNTY OR ANY MEMBER OF A  POLICE
 FORCE OF ANY COUNTY, CITY WITH A POPULATION OF ONE MILLION OR MORE, TOWN
 OR VILLAGE, OR OF ANY DISTRICT, AGENCY, BOARD, BODY OR COMMISSION THERE-
 OF,  ANY  POLICE  OFFICER WHOSE BENEFITS ARE PROVIDED IN AND PURSUANT TO
 SECTION THREE HUNDRED EIGHTY-THREE, THREE HUNDRED EIGHTY-THREE-A,  THREE
 HUNDRED  EIGHTY-THREE-B,  THREE HUNDRED EIGHTY-THREE-C, OR THREE HUNDRED
 EIGHTY-THREE-D OF THE RETIREMENT AND SOCIAL SECURITY LAW,  TROOPERS  AND
 TROOPER  INVESTIGATORS,  OR  ANY LIRR POLICE OFFICER AS DEFINED IN PARA-
 GRAPH TWO OF SUBDIVISION A OF SECTION THREE HUNDRED EIGHTY-NINE  OF  THE
 RETIREMENT  AND  SOCIAL  SECURITY LAW, OR ANY  PAID  OFFICER  OR  MEMBER
 OF  AN  ORGANIZED  FIRE  COMPANY OR FIRE DEPARTMENT  OF  A  CITY,  TOWN,
 VILLAGE  OR  FIRE  DISTRICT, OR EMERGENCY  MEDICAL  TECHNICIAN, ADVANCED
 EMERGENCY  MEDICAL  TECHNICIAN OR PARAMEDIC, WHOSE BENEFITS ARE PROVIDED
 IN AND PURSUANT TO SUCH SECTION THREE HUNDRED EIGHTY-NINE, OR  A  DETEC-
 TIVE-INVESTIGATOR  OR  ANY  OTHER  INVESTIGATOR  WHO IS A POLICE OFFICER
 PURSUANT TO THE PROVISIONS OF THE CRIMINAL PROCEDURE LAW EMPLOYED IN THE
 OFFICE OF A DISTRICT ATTORNEY OF ANY COUNTY, OR  PROBATION  OFFICERS  OF
 ANY  DEPARTMENT,  AGENCY OR SERVICE MAINTAINED BY ANY COUNTY OR CITY, OR
 PAROLE OFFICERS AS DEFINED BY SECTION TEN OF THE CORRECTION LAW WHO  (I)
 DO NOT RECEIVE BENEFITS SIMILAR TO THOSE PROVIDED BY THIS SECTION PURSU-
 ANT  TO  A  COLLECTIVELY  BARGAINED  AGREEMENT,  SECTION 14-122.1 OF THE
 ADMINISTRATIVE CODE OF THE CITY OF NEW YORK,  SECTION  15-108.1  OF  THE
 ADMINISTRATIVE  CODE  OF  THE  CITY  OF  NEW  YORK,  OR  OTHER STATUTORY
 PROVISION AND WHO WAS EXPOSED OR CAME INTO  CONTACT  WITH  COVID-19  AND

 A. 10391                            4
 
 SUCH  INDIVIDUAL  TESTS POSITIVE FOR COVID-19, AS DEFINED IN SECTION TWO
 HUNDRED SEVEN-R OF THIS CHAPTER, SHALL, AFTER THE RECEIPT OF  A  WRITTEN
 REQUEST  FOR LINE OF DUTY SICK LEAVE, BE GRANTED LINE OF DUTY SICK LEAVE
 COMMENCING  ON  THE DATE THAT SUCH EMPLOYEE WAS DIAGNOSED WITH COVID-19.
 THE INDIVIDUAL SHALL BE COMPENSATED AT HIS OR HER REGULAR  RATE  OF  PAY
 FOR  THOSE REGULAR WORK HOURS DURING WHICH THE INDIVIDUAL IS ABSENT FROM
 WORK DUE TO HIS OR HER COVID-19. SUCH LEAVE SHALL  BE  PROVIDED  WITHOUT
 LOSS OF AN INDIVIDUAL'S ACCRUED SICK LEAVE.
   (B)  A  PUBLIC  EMPLOYER  SHALL  NOT TAKE ANY ADVERSE PERSONNEL ACTION
 AGAINST A PUBLIC EMPLOYEE REGARDING THE  EMPLOYEE'S  EMPLOYMENT  BECAUSE
 EITHER  (I) THE EMPLOYEE UTILIZES, OR REQUESTS TO UTILIZE, SICK LEAVE OR
 ANY OTHER AVAILABLE LEAVE DUE TO COVID-19, OR (II) THE EMPLOYEE UTILIZES
 OR REQUESTS TO UTILIZE LINE OF DUTY SICK LEAVE PROVIDED BY THIS SECTION.
   (C) FOR PURPOSES OF THIS SECTION, AN "ADVERSE PERSONNEL ACTION"  MEANS
 ANY  DISCIPLINE,  INCLUDING  ISSUING  A NOTICE OF DISCIPLINE, DISCHARGE,
 SUSPENSION, DEMOTION, PENALIZATION, OR DISCRIMINATION AGAINST AN EMPLOY-
 EE UTILIZING LINE OF DUTY SICK LEAVE PURSUANT TO PARAGRAPH (A)  OF  THIS
 SUBDIVISION.
   NOTHING  IN  THIS  SECTION SHALL LIMIT AN EMPLOYER'S POWER PURSUANT TO
 ANY OTHER PROVISION OF LAW TO DISCIPLINE AN INDIVIDUAL  BY  TERMINATION,
 REDUCTION  OF  SALARY, OR ANY OTHER APPROPRIATE MEASURE; TO TERMINATE AN
 APPOINTEE WHO HAS NOT COMPLETED HIS OR HER  PROBATIONARY  TERM;  AND  TO
 APPLY FOR ORDINARY OR ACCIDENT DISABILITY RETIREMENT FOR AN INDIVIDUAL.
   3.  FOR PURPOSES OF THIS SECTION, "COST" SHALL MEAN THE NUMBER OF DAYS
 OF SICK LEAVE THAT MUST BE RESTORED TO AN OFFICER OR  EMPLOYEE  PURSUANT
 TO  SUBDIVISION  ONE  OR TWO OF THIS SECTION MULTIPLIED BY SUCH INDIVID-
 UAL'S WAGE RATE AT THE TIME THAT SUCH SICK LEAVE FOR WHICH REIMBURSEMENT
 IS BEING SOUGHT WAS TAKEN.
   4. A REQUEST, FOR LINE OF DUTY SICK LEAVE  SHALL  BE  IN  WRITING  AND
 INCLUDE  A  WAIVER OF THE PROTECTION AFFORDED TO THE INDIVIDUAL PURSUANT
 TO THE HEALTH INSURANCE PORTABILITY  AND  ACCOUNTABILITY  ACT  TO  ALLOW
 DISCLOSURE  OF  THE  INDIVIDUAL'S  EXPOSURE OR CONTACT WITH COVID-19 AND
 SUCH INDIVIDUAL'S POSITIVE TEST FOR COVID-19  AND  ANY  MEDICAL  RECORDS
 CONCERNING  SUCH  INDIVIDUAL'S  EMPLOYEE'S NOTICE OF EXPOSURE OR CONTACT
 WITH COVID-19 AND SUCH INDIVIDUAL'S POSITIVE TEST FOR  COVID-19  IN  THE
 POSSESSION OF THE RETIREMENT SYSTEM IN WHICH SUCH INDIVIDUAL IS A MEMBER
 FOR  THE  PURPOSE OF REVIEWING, PROCESSING AND AUDITING HIS OR HER CLAIM
 FOR LINE OF DUTY SICK LEAVE. SUCH WAIVER SHALL BE IN THE  FORM  REQUIRED
 BY  THE RETIREMENT SYSTEM OF WHICH HE OR SHE IS A MEMBER, ALONG WITH THE
 APPLICATION FOR LINE OF DUTY SICK LEAVE, WITH HIS OR HER EMPLOYER.
   § 3. The workers' compensation law is amended by adding a new  article
 8-B to read as follows:
                                ARTICLE 8-B
               ESSENTIAL EMPLOYEES DURING COVID-19 OUTBREAK
 SECTION 180. DEFINITIONS.
         181. REGISTRATION  OF  PARTICIPATION IN ESSENTIAL EMPLOYEE OPER-
                ATIONS.
         182. NOTICE.
         183. DISABLEMENT  OF  AN  ESSENTIAL  EMPLOYEE  DURING   COVID-19
                OUTBREAK TREATED AS AN ACCIDENT.
         184. REOPENING OF DISALLOWED CLAIMS.
         185. LIABILITY OF EMPLOYER AND INSURANCE CARRIER.
         186. CLAIMS OF VOLUNTEERS.
   §  180.  DEFINITIONS. 1. "ESSENTIAL EMPLOYEE DURING COVID-19 OUTBREAK"
 MEANS AN EMPLOYEE WHO WORKED AT AN ESSENTIAL BUSINESS DURING THE  COVID-
 19  OUTBREAK BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY, AS DEFINED BY

 A. 10391                            5
 
 EXECUTIVE ORDER 202.6  OR  GUIDANCE  BY  EMPIRE  STATE  DEVELOPMENT,  OR
 RECEIVED  A  WAIVER  AS AN ESSENTIAL BUSINESS FROM EMPIRE STATE DEVELOP-
 MENT.
   2.  "QUALIFYING  CONDITION"  MEANS  TESTS  POSITIVE FOR COVID-19 WHILE
 WORKING FOR AN ESSENTIAL EMPLOYER DURING COVID-19 OUTBREAK.
   3. "DISABLEMENT" SHALL HAVE THE SAME MEANING  AS  DEFINED  IN  SECTION
 THIRTY-SEVEN  OF  THIS  CHAPTER  AND DETERMINED BY THE BOARD IN THE SAME
 MANNER AS PROVIDED IN SECTION FORTY-TWO OF THIS CHAPTER.
   § 181. REGISTRATION OF PARTICIPATION IN ESSENTIAL EMPLOYEE OPERATIONS.
 IN ORDER FOR THE CLAIM OF AN ESSENTIAL EMPLOYEE DURING COVID-19 OUTBREAK
 TO COME WITHIN THE APPLICATION OF THIS ARTICLE, SUCH EMPLOYEE MUST  FILE
 A  WRITTEN  AND  SWORN STATEMENT WITH THE BOARD ON A FORM PROMULGATED BY
 THE CHAIR INDICATING THE DATES AND LOCATIONS OF SUCH  PARTICIPATION  AND
 THE  NAME  OF  THE  PARTICIPANT'S  EMPLOYER DURING THE PERIOD OF PARTIC-
 IPATION.  SUCH STATEMENT MUST BE FILED NOT LATER THAN  DECEMBER  THIRTY-
 FIRST,  TWO THOUSAND TWENTY-TWO. THE BOARD SHALL TRANSMIT A COPY OF SUCH
 STATEMENT TO THE EMPLOYER OR CARRIER NAMED THEREIN. THE FILING OF SUCH A
 STATEMENT SHALL NOT BE CONSIDERED THE FILING OF  A  CLAIM  FOR  BENEFITS
 UNDER THIS CHAPTER.
   §  182.  NOTICE. THE NOTICE REQUIREMENTS FOR INJURY OR DEATH RESULTING
 FROM A QUALIFYING CONDITION FOR AN ESSENTIAL  EMPLOYEE  DURING  COVID-19
 OUTBREAK  SHALL  BE  THE  SAME  AS SET FORTH IN SECTION EIGHTEEN OF THIS
 CHAPTER, EXCEPT THAT THE NOTICE SHALL BE GIVEN TO THE  EMPLOYER,  OR  IN
 THE  CASE OF A VOLUNTEER, TO THE BOARD, WITHIN TWO YEARS AFTER THE DISA-
 BLEMENT OF THE PARTICIPANT OR AFTER THE PARTICIPANT KNEW OR SHOULD  HAVE
 KNOWN  THAT  THE QUALIFYING CONDITION WAS CAUSALLY RELATED TO HIS OR HER
 EMPLOYMENT AS AN ESSENTIAL EMPLOYEE DURING COVID-19,  WHICHEVER  IS  THE
 LATER DATE.
   §  183.  DISABLEMENT OF AN ESSENTIAL EMPLOYEE DURING COVID-19 OUTBREAK
 TREATED AS AN ACCIDENT. THE DATE OF DISABLEMENT OF AN ESSENTIAL EMPLOYEE
 DURING COVID-19 OUTBREAK RESULTING FROM A QUALIFYING CONDITION  THAT  IS
 CAUSALLY RELATED TO SUCH PARTICIPATION SHALL BE TREATED AS THE HAPPENING
 OF  AN ACCIDENT WITHIN THE MEANING OF THIS CHAPTER AND THE PROCEDURE AND
 PRACTICE PROVIDED IN THIS CHAPTER SHALL APPLY TO ALL  PROCEEDINGS  UNDER
 THIS ARTICLE, EXCEPT WHERE OTHERWISE SPECIFICALLY PROVIDED IN THIS ARTI-
 CLE.  THE  BOARD  SHALL  DETERMINE  THE DATE OF DISABLEMENT THAT IS MOST
 BENEFICIAL TO THE CLAIMANT.
   § 184. REOPENING OF DISALLOWED CLAIMS. THE  BOARD,  UPON  RECEIVING  A
 STATEMENT DULY FILED AS REQUIRED UNDER SECTION ONE HUNDRED EIGHTY-ONE OF
 THIS ARTICLE FROM AN ESSENTIAL EMPLOYEE DURING THE COVID-19 OUTBREAK FOR
 A QUALIFYING CONDITION THAT WAS DISALLOWED AS BARRED BY SECTION EIGHTEEN
 OR SECTION TWENTY-EIGHT OF THIS CHAPTER OR BY SECTION ONE HUNDRED EIGHT-
 Y-ONE  OF  THIS ARTICLE FOR FAILURE TO REGISTER TIMELY, SHALL REOPEN AND
 REDETERMINE SUCH CLAIM IN ACCORDANCE WITH THE PROVISIONS OF  THIS  ARTI-
 CLE;  PROVIDED THAT NO SUCH PREVIOUSLY DISALLOWED CLAIM FOR A QUALIFYING
 CONDITION SHALL BE DETERMINED TO HAVE A DATE OF DISABLEMENT  THAT  WOULD
 BAR  THE  CLAIM  UNDER  SECTION EIGHTEEN OR SECTION TWENTY-EIGHT OF THIS
 CHAPTER.
   § 185. LIABILITY OF EMPLOYER AND INSURANCE CARRIER.  THE  EMPLOYER  IN
 WHOSE  EMPLOYMENT  AN ESSENTIAL EMPLOYEE IS DURING THE COVID-19 OUTBREAK
 SHALL BE LIABLE FOR FIFTY PERCENT OF ANY CLAIM FOR A  QUALIFYING  CONDI-
 TION  THAT  IS  PRESUMED  TO BE CAUSALLY RELATED, UNDER THIS SECTION, TO
 SUCH EMPLOYMENT AND THE STATE SHALL BE LIABLE FOR FIFTY PERCENT  OF  ANY
 SUCH  CLAIM;  PROVIDED  THAT  SUCH PARTICIPATION AROSE OUT OF AND IN THE
 COURSE OF SUCH EMPLOYMENT. FOR THE PURPOSE OF DETERMINING WHICH  CARRIER

 A. 10391                            6
 
 HAS  INSURANCE  COVERAGE  OF  SUCH  CLAIM, THE DATE OF ACCIDENT SHALL BE
 CONSIDERED THE LAST DAY OF SUCH PARTICIPATION.
   § 186. CLAIMS OF VOLUNTEERS. FOR PERSONS WHO PARTICIPATED AT AN ESSEN-
 TIAL  ENTITY AS VOLUNTEERS AT A NON-PROFIT ORGANIZATION PROVIDING ESSEN-
 TIAL SERVICES, THE UNINSURED EMPLOYERS' FUND SHALL BE DEEMED TO BE   THE
 EMPLOYER FOR THE PURPOSES OF ADMINISTERING AND PAYING CLAIMS PURSUANT TO
 THIS  ARTICLE.  BENEFITS  UNDER  THIS  CHAPTER  SHALL BE PAYABLE TO SUCH
 VOLUNTEERS IN THE FIRST INSTANCE   AND TO  THE  EXTENT  THAT  FUNDS  ARE
 AVAILABLE. THE UNINSURED EMPLOYERS' FUND MAY PAY FOR VOLUNTEERS' MEDICAL
 TREATMENT.
   §  4. Section 15 of the workers' compensation law is amended by adding
 a new subdivision 3-a to read as follows:
   3-A. COMPENSATION FOR PERMANENT OR TEMPORARY  PARTIAL  DISABILITY,  OR
 FOR PERMANENT OR TEMPORARY TOTAL DISABILITY DUE TO DISABLEMENT RESULTING
 FROM  A QUALIFYING CONDITION SUFFERED BY AN EMPLOYEE WHO PARTICIPATED IN
 ESSENTIAL OPERATIONS DURING THE COVID-19 OUTBREAK AS SET FORTH IN  ARTI-
 CLE EIGHT-B OF THIS CHAPTER SHALL BE EIGHTY PERCENT.
   §  5.  The  state  shall  reimburse  any public authority or municipal
 corporation of less than one million people for the cost of any line  of
 duty sick leave granted pursuant to this act.
   § 6. This act shall take effect immediately.