Introduction
In the face of the current health hazard due to the spread of COVID-19 more commonly referred to as the novel Coronavirus, a number of questions have been raised as to its impact in Workers’ Compensation matters. The current environment requires adherence to stay in place orders, social distancing and the use of face coverings and protective gloves when venturing out in public. The purpose of this article is to provide a general overview of the law as it relates to anticipated Coronavirus claims.
Basic Workers’ Compensation Provisions
Generally, a compensable injury must occur in the course of employment and arise out of the employment. These terms are not usually interpreted independently of each other. “In the course of employment” usually means a determination of the time and place of the injury. Simply stated, did the injury occur while the employee was at work?
“Arising out of employment” involves the concept of causal connection. In other words, is there a causal relationship between the work being performed and the injury? In the vast majority of cases facts are easily applied to these definitions.
The statute also covers occupational diseases. Unlike an objectively determinable accidental injury, an occupational disease develops slowly and is insidious. It is an ailment or illness that results inseparably from the employment. A disease caused by exposures in normal ordinary daily life, separate from employment, is not usually deemed to be compensable. Section 9 – 502(d) of the Maryland Statute provides the standard.
Occupational Disease – Compensation
An employer and insurer are liable to provide compensation under subsection (c) of this section only if:
1. the occupational disease that caused the death or disability: (i) is due to the nature of an employment in which hazards of the occupational disease exist and the covered employee was employed before the date of disablement; or (ii) has manifestations that are consistent with those known to result from exposure to a biological chemical or physical agent that is attributable to the type of employment in which the covered employee was employed before the date of disablement; and
2. on the weight of the evidence it reasonably may be concluded that the occupational disease was incurred as a result of the employment of the covered employee.
The date of disablement usually occurs when the employee starts to miss time from work because of the occupational disease.
An example of the first category under the statute would be a disease caused by a particular employment or profession, such as, a plumber’s exposure to solder. The second element under the statute usually covers such well known irritants as asbestos or coal dust.
Importance of Claim Investigations
It is certainly not an overstatement that a detailed investigation of a coronavirus claim is most important. Such questions arise as to the origin and circumstances of the infection, whether the employment, independent of any other source, produced the exposure; whether the infection was caused by the general presence in the community of novel coronavirus; whether the infection was caused by a family member etc. Although these questions are certainly not intended to be exhaustive, the claims professionals of insurance companies, who are trained experts, will provide additional insights in the investigation of novel Coronavirus cases.
Commission Proceedings
The Commission is currently considering conducting virtual hearings remotely and starting in-person hearings on June 8, 2020. In addition, consistent with Governor Larry Hogan’s orders, social distancing and the use of protective devices will be enforced. The Commission’s website at https://www.wcc.state.md.us/default.html is updated to reflect the latest developments and announcements.
The firm also represents clients in all aspects of workers’ compensation matters in the District of Columbia. For additional information about the latest developments in the District of Columbia, please consult the website at https://does.dc.gov/page/workers-compensation-does .
Conclusion
The Workers’ Compensation Statutes are designed to protect injured workers within the specific requirements of the statute. A thorough and detailed investigation of the facts of each case is encouraged to determine if the facts fit within the parameters of the statute’s provisions. As the cases continue to develop and as the law evolves, Anderson & Quinn’s Workers’ Compensation attorneys are available to analyze the issues and provide our clients with cogent advice.
Anderson & Quinn, LLC is a law firm based in Rockville, Maryland, providing individuals, businesses, corporations, and healthcare institutions with the legal and litigation support they need to protect revenues. Don Maiberger is a member of Anderson & Quinn, LLC, 25 Wood Lane, Rockville, MD, 20850. Tel: 301-762-3303.
The information contained in this article is general in nature and is not offered as legal advice for any particular situation. The opinions and conclusions in this blog post are solely those of the author. Any links provided by the author in this article are for informational purposes only and by doing so the author does not adopt or incorporate their contents. See our Disclaimer for additional details.
