TWO NEW ENGLAND STATES HAVE
ENACTED COVID-19 LEGISLATION
PROVIDING PRESUMPTIVE
WORKERS’ COMPENSATION BENEFITS
FOR COVID-19 CLAIMS
The Order states, in summary, that there is a rebuttable presumption that an employee who is seeking workers’ compensation benefits, and has missed a day or more of work between March 10, 2020 and May 20, 2020, inclusive, due to a diagnosis of or symptoms diagnosed as COVID-19, contracted COVID-19 as an occupational disease arising out of and in the course of employment provided:
- such employee worked outside the employee’s home for at least one of the fourteen days preceeding the date of injury and did not receive a directive from the employer to work from home instead of at the place of employment;
- if the date of injury was more than fourteen days after March 23, 2020, that the employer was deemed “essential” in accordance with the Executive Order No. 7H issued by the Department of Economic and Community Development;
- there was either a positive laboratory result or a documented diagnosis rendered by a licensed physician, a licensed physician’s assistant, or a licensed advanced practice registered nurse, within three weeks of the date of injury;
- a copy of the aforementioned positive laboratory result or a documented diagnosis should be provided to the employer or insurer.
This presumption may be rebutted if the employer or insurer demonstrates to a Commissioner by a preponderance of the evidence that the employment of the employee was not the cause of the employee contracting COVID-19.
The Executive Order also modifies section 31-290a which prohibits an employer from “discharg[ing], disciplin[ing], deliberately misinform[ing] or otherwise deliberately dissuad[ing] an employee from filing a claim for workers’ compensation benefits.”
The Executive Order will remain in effect for six months from July 24, 2020.
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The full text of the Executive Order can be found
here
..
*VERMONT*
On July 13, 2020, Vermont Governor Phil Scott signed into law S.342:
“An act relating to temporary workers’ compensation amendments related to COVID-19”
In summary, this bill states that:
- In the case of a “front-line worker”, any disability or death resulting from COVID-19 shall be presumed to be compensable pursuant to 21 V.S.A. chapter 9, provided that the front-line worker receives a positive laboratory test for COVID-19 or a diagnosis of COVID-19 from a licensed healthcare provider between March 1, 2020 and January 15, 2021.
- *This particular presumption shall not apply if it is shown by a preponderance of the evidence that the disease was caused by non-employment-connected risk factors or nonemployment-connected exposure.*
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- In the case of a “non-front-line worker”, any disability or death resulting from COVID19 shall be presumed to be compensable pursuant to 21 V.S.A. chapter 9 if the employee receives a positive laboratory test for COVID-19 or a diagnosis of COVID-19 from a licensed healthcare provider between April 1, 2020 and January 15, 2021 and, not more than 14 days prior to the date on which the employee is tested or examined, either:
- had documented occupational exposure in the course of employment to an individual with COVID-19; or
- performed services at a residence or facility with one or more residents or employees who: (A) were present at the time the services were performed; and either (B) (i) had COVID-19 at that time; or (ii) tested positive for COVID-19 within 14 days after the services were performed.
- *This particular presumption shall not apply if the employer can show by a preponderance of the evidence that either the disease was caused by non-employment-connected risk factors or non-employment-connected exposure; or at the time the employee was potentially exposed to COVID-19, the employee’s place of employment was in compliance with the relevant guidances issued by the federal, state, local or municipal authorities in effect at the time.
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The full text of the bill can be found
here
..
*MASSACHUSETTS*
With respect to the Massachusetts bill mentioned in an earlier alert that was filed to extend workers’ benefits to first responders and other related medical personnel, the H
ouse reporting date has been extended to Thursday August 20, 2020, pending concurrence.
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The full text of the bill can be found
here
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WE ARE FULLY PREPARED TO REVIEW
OR DISCUSS ANY ISSUES INVOLVING
WORKERS’ COMPENSATION
DURING THIS CRISIS.
FEEL FREE TO CONTACT US VIA
TELEPHONE, CELL PHONE OR EMAIL.