In response to the public health emergency caused by the coronavirus disease 2019 (COVID-19), Governor Ned Lamont has signed a new executive order. Executive Order No. 7JJJ creates a “rebuttable presumption” that an essential worker who initiates a claim for workers compensation benefits, and who missed at least one day of work between March 10, 2020 and May 20, 2020, and was diagnosed with COVID-19, contracted the virus on the job. However, for the rebuttable presumption to apply, the following must be met:
- The employee worked outside the home during at least one of the 14 days immediately preceding the date of injury, and had not received instruction from the employer to work from home instead of from his or her place of employment;
- If the date of injury was more than 14 days after March 23, 2020, the employee was employed by an essential employer (as determined by the Department of Economic and Community Development);
- The contraction of COVID-19 was confirmed by a positive laboratory diagnostic test within three weeks of the date of injury or diagnosed and documented within three weeks of the date of injury; and
- A copy of the positive laboratory diagnostic test results was provided to the employer or insurer.
Executive Order 7JJJ also prohibits employers from discharging, disciplining, or discriminating against an employee who filed a workers’ compensation claim or exercised the rights granted under the law. Employers cannot deliberately misinform or deliberately discourage an employee from filing a claim for workers’ compensation benefits. An employee who has been discharged, disciplined, or discriminated against or has been deliberately misinformed or dissuaded from filing a claim for workers’ compensation benefits may bring a civil action.
The Order is now effective, and will remain in effect for six months, unless it gets modified or terminated before the six months.
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