Evidence of Occupational Disease Exposure for First Responders

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 COVID19 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 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. 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. *Original authority: 287.650, RSMo 1939, amended 1949, 1961, 1980, 1993, 1995, 1998, 2012.