In response to opposition from UWC and an extensive list of employer representatives and workers’ compensation insurance plan representatives, the presumption of coverage and compensability for COVID-19 illness under the Longshore Act was taken out of the final version of the American Rescue Plan Act of 2021. The deletion came as the result  of a determination that the proposed language was inconsistent with the Byrd rule in the Senate.

The opposition letter UWC filed on behalf of the list of industry representatives pointed out

  • The presumption provisions primarily represented a policy change;
  • The legislative language did have a budget effect, but the effect would have been incidental to the policy change;
  • The cost incurred by employers and workers’ compensation plans would have been significantly greater than the CBO projected $224 million in increased federal outlays;
  • The provision would have increased the federal deficit in years after 2030;
  • The provision would have increased administrative costs and costs associated with the risk that federal appropriations would not provide for timely and complete reimbursement.

The link to the American Rescue Plan Act of 2021 is provided at  Text – H.R.1319 – 117th Congress (2021-2022): American Rescue Plan Act of 2021 | Congress.gov | Library of Congress