According to the NCCI, The answer to that question is maybe. While WC laws provide compensation for “occupational diseases” that arise out of and in the course of employment, many state statutes exclude “ordinary diseases of life” (e.g., the common cold or flu). There are occupational groups that arguably would have a higher probability for exposure such as healthcare workers. However, even in those cases, there may be uncertainty as to whether the disease is compensable. Would time away from work during recovery be considered “temporary disability” or is it just normal “sick time”? https://www.ncci.com/Articles/Pages/Insights-COVID19-WorkersComp.aspx
A March 26, 2012 1DCA decision that reversed JCC D'Ambrosio. This case continues to show the importance that the 1DCA is putting on Expert Medical Advisors (EMA). Judges of Compensation Claims have less and less control In a case where there are conflicting medical opinions. In this case, there was a conflicting medical opinion and Judge of Compensation Claims appointed an EMA to address “the issues of 1) whether the Claimant has gynecomastia, 2) the cause of the gynecomastia, and 3) what treatment is recommended.” However, before the claimant was seen by the EMA physician, the claimant had an unauthorized surgery. The claimant wanted to give copies of the unauthorized medical records to the EMA. The Employer/Carrier filed a motion to dismiss the Claimant's claims arguing that Claimant’s unilateral decision to undergo surgery prevented the EMA from answering the questions put to him and that the E/C had been prejudiced in its ability to defend the claims. The JCC fou...
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