                                 CODE OF VIRGINIA

COVERAGE OF FIRST RESPONDERS IN OFF-DUTY CAPACITY DURING STATE OF EMERGENCY (§
65.2-104)

A. Notwithstanding any other provision of law, if the Governor declares a state
of emergency pursuant to the provisions of Chapter 3.2 (&#xA7; 44-146.13 et
seq.) of Title 44, or any local director of emergency management with the
consent of the appropriate local governing body declares an emergency pursuant
to &#xA7; 44-146.16, attributable to an enemy attack, sabotage or other hostile
action, resource shortage, or fire, flood, earthquake or other natural cause, a
claim for workers&#8217; compensation benefits shall be deemed to be in the
course of employment of any first responder who, in response to a lawful order
issued pursuant to the state of emergency, travels by the most expeditious route
to or from his home or other location outside an assigned shift or work location
to or from that shift or work location. Nothing in this section shall prohibit
an employer from using any defense otherwise available under this title.

B. For purposes of this section, &#8220;first responder&#8221; shall include any
person referenced in subdivision 1 l of the definition of &#8220;employee&#8221;
in &#xA7; 65.2-101 who provides emergency services, during the period that the
states of emergency defined in subsection A are in effect.

HISTORY: 2005, c. 429.