Covid-19 Resources: Nationwide

California
ISSUE DATE: May 15, 2020

• Executive Order giving a rebuttable presumption for essential workers that come down with COVID-19 while working away from residence.
• Current legislation being considered.
• The DWC will continue to hear all conferences and trials telephonically.
• To qualify for temporary disability or Labor Code section 4850 benefit payments under this Order, an employee must satisfy either of the following:
  • a.  If the employee tests positive or is diagnosed on or after the date of this Order, the employee must be certified for temporary disability within the first 15 days after the initial diagnosis, and must be recertified for temporary disability every 15 days thereafter, for the first 45 days following diagnosis; or
  • b.  If the employee tested positive or was diagnosed prior to the date of this Order, the employee must obtain a certification, within 15 days of the date of the Order, documenting the period for which the employee was temporarily disabled and unable to work, and must be recertified for temporary disability every 15 days thereafter, for the first 45 days following diagnosis.

 
Connecticut

• No Executive Orders or presumptions regarding positive COVID-19, same burden of proof as with all claims. Courts and appellate division remain open with telephonic and/or webex based hearings.

Florida

• "Frontline State Employees" and “First Responders” who are required to interact with potentially infected individuals will be eligible for compensation under Section 112.1815, Florida Statues and Chapter 440, unless the State can show by a preponderance of the evidence, that a Frontline State Employee/First Responder contracted COVID-19 outside his or her scope of employment. 
• “Non-First Responders” that contract COVID-19 due to work related exposure may be eligible for workers’ compensation benefits under Florida law as set forth by Sections 440.09 and 440.151, Florida Statutes, if the employee is able to prove, with clear and convincing evidence, that COVID-19 was contracted while in the course and scope of employment.

Illinois

• IWCC rules amendment placing burden of proof on employer re: COVID-19 rescinded. Legislature to reconvene and consider legislation which would again place burden on employer to show COVID-19 condition not related to work.

Iowa 

• On March 13, 2020 the Commissioner entered an Order suspending in person hearings.  On April 2, 2020 the Governor renewed a Proclamation declaring the COVID–19 to be a public health emergency.  The state is following the CDC guidelines going through this pandemic.  Personal service of a Summons can be extended by request due to the COVID-19 pandemic.  And, electronic signatures are now allowed.  The Supreme Court is also authorizing temporarily the filing by mail of court documents unless already registered with the WCES, in which case electronic filing shall continue.  Statutes of Limitations are not extended.

Kansas

• The cases will be reviewed under the standards heretofore laid down by the courts.  The question is whether the virus was contracted in the general population, outside of the work environment.  In such cases the virus exposure would be most readily argued to have occurred in the general population, particularly given the safeguards most employers are implementing.  Argument can also be made that it is impossible to pinpoint an employment exposure with the 14 day gestation period.  However, the Labor Secretary is asking the Attorney General to enact a law that gives first responders and essential workers workers’ compensation benefits if they contract the coronavirus.

Missouri 

• On April 7, 2020, the Department of Labor and Industrial Relations filed an emergency rule under the workers' compensation statute to provide a rebuttable presumption that first responders who contract COVID-19 have an occupational disease arising out of and in the course of their employment. Such presumption includes situations where the first responder is quarantined at the direction of the employer due to suspected COVID-19 exposure, or the display of any COVID-19 symptoms, or receives a presumptive positive COVID-19 test, or receives a COVID-19 diagnosis from a physician, or receives a laboratory-confirmed COVID-19 diagnosis.  The emergency rule became effective on April 22, 2020 and allows for retroactive application of the presumption for instances which occurred prior to its effective date.

Nebraska

• No specific Work Comp related Executive Order other than State of Emergency.

Nevada

• No Executive Order regarding comprehensibility of claims, litigation should follow Nevada NRS 617.

 New Jersey

• No Executive Order currently in place.
• 21st Century First Responders Protection Act (7-18-2019) creates presumption with public safety officers.
• Senate Bill 2380 is proposed that may create a presumption past public safety officers.

Oklahoma

• No Executive Order or New Legislation currently in place.
• Specific Forms are currently in use to address Joint Petitions and Request for Orders.
• In person hearings are expected to start June 1, 2020 with specific assigned dates and time to comply with social distancing.

Pennsylvania

• The COVID-19 legislation expands the Pennsylvania Heart and Lung Act to provide 100% compensation of income for first responders who are unable to perform their duties due to COVID - 19. The final bill included an amendment that makes these benefits available to members of the Pennsylvania National Guard who contract COVID-19 or are subject to quarantine while on state active duty.

Texas

• No Executive Order currently in place.

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