65.2-104 - Coverage of first responders in off-duty capacity during state of emergency. - Virginia Statutes

§ 65.2-104. Coverage of first responders in off-duty capacity during state ofemergency.

A. Notwithstanding any other provision of law, if the Governor declares astate of emergency pursuant to the provisions of Chapter 3.2 (§ 44-146.13 etseq.) of Title 44, or any local director of emergency management with theconsent of the appropriate local governing body declares an emergencypursuant to § 44-146.16, attributable to an enemy attack, sabotage or otherhostile action, resource shortage, or fire, flood, earthquake or othernatural cause, a claim for workers' compensation benefits shall be deemed tobe in the course of employment of any first responder who, in response to alawful order issued pursuant to the state of emergency, travels by the mostexpeditious route to or from his home or other location outside an assignedshift or work location to or from that shift or work location. Nothing inthis section shall prohibit an employer from using any defense otherwiseavailable under this title.

B. For purposes of this section, "first responder" shall include any personreferenced in subdivision 1 l of the definition of "employee" in § 65.2-101who provides emergency services, during the period that the states ofemergency defined in subsection A are in effect.

(2005, c. 429.)