New England’s Premier Insurance Defense Firm

COVID-19 ADVISORY: Massachusetts Issues Bill To Provide WC Benefits To Medical Personnel; Update On Impartials And Telemedicine For MA, RI And CT

| Apr 1, 2020

DEFENDING

WORKERS’ COMPENSATION CLAIMS

IN THE NEW ENGLAND STATES

EMERGENCY BILL FILED IN MASSACHUSETTS TO EXTEND WORKERS’ COMPENSATION BENEFITS TO FIRST RESPONDERS AND OTHER RELATED MEDICAL PERSONNEL

On March 17, 2020, legislation was filed in the Massachusetts State House requesting workers’ compensation protection to emergency and medical personnel relating to the COVID-19 pandemic.

Specifically, the bill states:

“Section 7H:  In any claim for compensation where the employee has been diagnosed with COVID-19, it shall be prima facie evidence that:

(i) the employee was performing his or her regular duties at the time of contracting COVID-19;

(ii) the claim comes within the provisions of this chapter; and

(iii) sufficient notice of the injury has been given. This section shall apply to persons employed as emergency medical technicians, emergency room and urgent care medical personnel and emergency room and urgent care non-medical
staff.”

The full text of the bill can be found here.

THE MASSACHUSETTS DIA IS IN THE PROCESS OF RESCHEDULING MOST, IF NOT ALL, IMPARTIAL EXAMINATIONS. THIS WILL RESULT IN A DELAY IN THE PROCEEDINGS.

RHODE ISLAND

WORKERS’ COMPENSATION COURT

ADMINISTRATIVELY SUSPENDS

IMPARTIAL EXAMINATIONS

THROUGH APRIL 13, 2020

The Rhode Island Workers’ Compensation Court has issued Administrative Order #2020-04 which states that all court impartial medical exams are suspended through April 13, 2020.

As a result, all workers’ compensation proceedings are stayed pending the completion of the impartial examination.

The full text of the Administrative Order can be found here.

CONNECTICUT

WORKERS’ COMPENSATION COMMISSION ISSUES

GUIDELINES FOR TELEMEDICINE

FOR RMEs AND CMEs

In response to the ongoing COVID-19 health crisis, the WCC has decided that RMEs and CMEs can be conducted using telemedicine at the discretion of the doctor. The following procedure will apply:

1.

The decision to conduct an RME or CME by telemedicine will be made by the doctor; claimants who refuse to participate, will be subject to the same consequences as if they had failed to attend an in-person appointment.

2.

For RMEs and CMEs conducted by telemedicine:

a.

Claimants shall advise the doctor at the time of the telemedicine examination if anyone else is present and must identify such person;

b.

Attorneys, paralegals and/or hearing representatives are prohibited from being present with a claimant at the time of a telemedicine examination;

c.

If claimant or anyone present with claimant intends to record the examination, or any portion of the examination, the doctor must be advised in advance and must expressly consent.

3.

In addition, for a CME conducted by telemedicine, the party submitting the medical packet to WCC shall ensure that all diagnostic studies, including images (e.g. CD of MRI, CT-
scan) are included in the packet
.

The full text of the guideline can be found here.
.

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.