DEFENDING
WORKERS’ COMPENSATION CLAIMS
IN THE NEW ENGLAND STATES
On March 17, 2020, legislation was filed in the Massachusetts State House requesting workers’ compensation protection to emergency and medical personnel relating to the COVID-19 pandemic.
Specifically, the bill states:
“Section 7H: In any claim for compensation where the employee has been diagnosed with COVID-19, it shall be prima facie evidence that:
(i) the employee was performing his or her regular duties at the time of contracting COVID-19;
(ii) the claim comes within the provisions of this chapter; and
(iii) sufficient notice of the injury has been given. This section shall apply to persons employed as emergency medical technicians, emergency room and urgent care medical personnel and emergency room and urgent care non-medical
staff.”
The full text of the bill can be found here.
THE MASSACHUSETTS DIA IS IN THE PROCESS OF RESCHEDULING MOST, IF NOT ALL, IMPARTIAL EXAMINATIONS. THIS WILL RESULT IN A DELAY IN THE PROCEEDINGS.
The Rhode Island Workers’ Compensation Court has issued Administrative Order #2020-04 which states that all court impartial medical exams are suspended through April 13, 2020.
As a result, all workers’ compensation proceedings are stayed pending the completion of the impartial examination.
The full text of the Administrative Order can be found here.
WORKERS’ COMPENSATION COMMISSION ISSUES
In response to the ongoing COVID-19 health crisis, the WCC has decided that RMEs and CMEs can be conducted using telemedicine at the discretion of the doctor. The following procedure will apply:
1.
The decision to conduct an RME or CME by telemedicine will be made by the doctor; claimants who refuse to participate, will be subject to the same consequences as if they had failed to attend an in-person appointment.
2.
For RMEs and CMEs conducted by telemedicine:
a.
Claimants shall advise the doctor at the time of the telemedicine examination if anyone else is present and must identify such person;
b.
Attorneys, paralegals and/or hearing representatives are prohibited from being present with a claimant at the time of a telemedicine examination;
c.
If claimant or anyone present with claimant intends to record the examination, or any portion of the examination, the doctor must be advised in advance and must expressly consent.
3.
In addition, for a CME conducted by telemedicine, the party submitting the medical packet to WCC shall ensure that all diagnostic studies, including images (e.g. CD of MRI, CT-
scan) are included in the packet
.
The full text of the guideline can be found here.
.
WE ARE FULLY PREPARED TO REVIEW
OR DISCUSS ANY ISSUES INVOLVING
WORKERS’ COMPENSATION DURING THIS
CRISIS. FEEL FREE TO CONTACT US VIA
TELEPHONE, CELL PHONE OR EMAIL.