HB9033112th GA (Historical)Introduced

Amends TCA Title 49.

Generally, the Tennessee COVID-19 Recovery Act requires that a claimant prove by clear and convincing evidence that a person proximately caused loss, damage, injury, or death by an act or omission constituting gross negligence or willful misconduct in order to prevail in a claim for loss, damage, injury, or death arising from COVID-19. The present law definition of "arising from COVID-19" gives several examples of actions done in response to COVID-19, which therefore arise from COVID-19, one of which is "implementing policies and procedures to prevent or minimize the spread of COVID-19." This bill adds that "arising from COVID-19" does not include implementing policies or procedures that require employees to be vaccinated against COVID-19 as a condition of employment or continued employment, therefore making claims based on any such action subject to a lesser burden of proof. This provision will be repealed, along with the rest of the Act, on July 1, 2022. This bill specifically authorizes any person who suffers injury as a result of receiving a COVID-19 vaccination or inoculation and who received the vaccination or inoculation because of an employment requirement established by the person's employer to file a claim for damages in chancery court.

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Overview

Generally, the Tennessee COVID-19 Recovery Act requires that a claimant prove by clear and convincing evidence that a person proximately caused loss, damage, injury, or death by an act or omission constituting gross negligence or willful misconduct in order to prevail in a claim for loss, damage, injury, or death arising from COVID-19. The present law definition of "arising from COVID-19" gives several examples of actions done in response to COVID-19, which therefore arise from COVID-19, one of which is "implementing policies and procedures to prevent or minimize the spread of COVID-19." This bill adds that "arising from COVID-19" does not include implementing policies or procedures that require employees to be vaccinated against COVID-19 as a condition of employment or continued employment, therefore making claims based on any such action subject to a lesser burden of proof. This provision will be repealed, along with the rest of the Act, on July 1, 2022. This bill specifically authorizes any person who suffers injury as a result of receiving a COVID-19 vaccination or inoculation and who received the vaccination or inoculation because of an employment requirement established by the person's employer to file a claim for damages in chancery court.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

October 26, 2021

Subjects
28831585

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