COVID-19 Presumption Has Ended

Covid-19 is no longer presumed to be work related with any employee as the presumption provisions have sunset within the law.

For the past two years, Covid-19, when diagnosed with an employee who worked in one of the following settings was presumptively work related:

• firefighter,
• paramedic,
• nurse or health care worker,
• correctional officer, or
• security counselor employed by the state or a political subdivision in the following work environment:
• corrections, detention, or secure treatment facility,
• emergency medical technician,
• a health care provider, nurse, or assistive employee employed in a health care, home care, or long-term care setting, with direct Covid-19 patient care or ancillary work in Covid-19 patient units, and
• workers required to provide childcare to first responders and health care workers.

In 2022, when the legislature extended the Covid-19 presumption, the law included a provision that it would sunset?at 11:59 p.m. on January 13, 2023. The legislature has let this expire and from January 14, 2023, to the present and continuing, Covid-19 is no longer a presumptive disease in any employee.

RECOMMENDATIONS

As with any other employee, whether or not a Covid-19 diagnosis arises out of the course and scope of an employee’s employment will depend on their job duties, the contact with others who have the virus, as well as personal activities outside of employment that may have led to the infection. Each report should be treated on an individual basis going forward and compensability determined based upon the total circumstances of the situation, without any presumption that it arose out of employment.

Attorneys at Aafedt, Forde, Gray, Monson & Hager, are available by phone or email to assist you with compatibility questions you may have regarding these, or any other claims. Please do not hesitate to reach out.?

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