HB 6040 Summary

• Creates a presumption that COVID-19 injuries or illnesses for essential workers (employees required to work outside their homes during a gubernatorial emergency) arose out of and in the course of employment.

• Establishes the first responder presumed coverage fund as a separate state treasury fund to pay workers' compensation claims for specified cancers (respiratory tract, bladder, skin, brain, kidney, blood, thyroid, testicular, prostate, and lymphatic) for firefighters and public fire authority members with 60+ months of service.

• Requires firefighters and public fire authority members claiming cancer benefits to suspend claims against their employer and instead claim from the presumed coverage fund, with the presumption rebuttable only by evidence of substantial tobacco use within 10 years before injury.

• Directs the workers' compensation director to develop application processes, maintain fund standards on the department website, process claims within 30 days, and submit annual reports to the legislature on fund claims, approvals, and administrative costs.

• Requires the workers' compensation agency to report annually to appropriations committee chairs the anticipated cost of benefits payable from the fund and any projected shortfall.