Skip to main content

Is coronavirus compensable under WC?

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

Comments

Post a Comment

Popular posts from this blog

CESPEDES V YELLOW TRANSPORTATION

This April 24, 2013 1DCA opinion affirmed in part and reversed in part Judge Portuallo's JCC decision. in this case, the claimant argued that the JCC erred by: (1) improperly shifting onto Claimant the burden to prove  the compensable injury was the major contributing cause (MCC) of his disability and need for surgery;  (2) finding  that the medical services at issue did not constitute “emergency care or services,” and that lack of notice to the  Employer/Carrier (E/C)  precluded authorization or payment; and  (3) finding  the opinion testimony from the emergency room physician, Dr. Acebal, is not admissible  pursuant to the “self-help” provisions contained in chapter 440.  The 1DCA reversed on the first two grounds raised and affirmed on the last. As background, the Claimant injured his lower back in 2006.  the Claimant declined surgical treatment, and ...
Post a Comment
Read more

Williams V City of Orlando

This June 13, 2012 1DCA reversed Judge Condry's JCC decision. The JCC denied compensability of the claimant's hypertension on the ground she failed to establish eligibility to rely on the statutory presumption occupational causation available via section 112.18. The claimant met three of the four requirements of section 112.18: 1    She was a police officer, 2    Her condition resulted in disability, 3    She successfully passed a physical examination upon entering into service. The JCC found that the claimant's essential hypertension did not meet the 4th requirement which indicates that the condition itself be one of those listed in section 112.18: "tuberculosis, heart disease, or hypertension. The claimant was diagnosed with essential hypertension. She introduced unrefuted medical opinion testimony that essential hypertension was the same thing and the same condition as arterial hypertension. In Bivens v. City of ...
Post a Comment
Read more

Miami Dade County School Board v Russ

This May 29, 2012 1DCA decision reverses Judge Hill's JCC decision. The claimant filed a PFB and the JCC determined that the “initial response” was the November 9 documents prepared by the EC (notice of appearance, request for production, letter of representation, notice of deposition, and letter to the mediator) the JCC concluded that because the E/C did not assert an SOL defense, the E/C had waived that defense. The E/C argued that its initial response to the Petition for Benefits was filed on November 10, 2009. Based on the case of Certain v. Big Johnson Concrete Pumping, Inc., 34 So. 3d 149 (Fla. 1st DCA 2010), the 1DCA ruled that that the “initial response” has to explicitly state a position either denying or conceding the particular claims therein.
Post a Comment
Read more