On July 13, 2020, Vermont Governor Phil Scott signed into law S.342:
“An act relating to temporary workers’ compensation amendments related to COVID-19”
In summary, this bill states that:
- In the case of a “front-line worker”, any disability or death resulting from COVID-19 shall be presumed to be compensable pursuant to 21 V.S.A. chapter 9, provided that the front-line worker receives a positive laboratory test for COVID-19 or a diagnosis of COVID-19 from a licensed healthcare provider between March 1, 2020 and January 15, 2021.
- *This particular presumption shall not apply if it is shown by a preponderance of the evidence that the disease was caused by non-employment-connected risk factors or nonemployment-connected exposure.*
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- In the case of a “non-front-line worker”, any disability or death resulting from COVID19 shall be presumed to be compensable pursuant to 21 V.S.A. chapter 9 if the employee receives a positive laboratory test for COVID-19 or a diagnosis of COVID-19 from a licensed healthcare provider between April 1, 2020 and January 15, 2021 and, not more than 14 days prior to the date on which the employee is tested or examined, either:
- had documented occupational exposure in the course of employment to an individual with COVID-19; or
- performed services at a residence or facility with one or more residents or employees who: (A) were present at the time the services were performed; and either (B) (i) had COVID-19 at that time; or (ii) tested positive for COVID-19 within 14 days after the services were performed.
- *This particular presumption shall not apply if the employer can show by a preponderance of the evidence that either the disease was caused by non-employment-connected risk factors or non-employment-connected exposure; or at the time the employee was potentially exposed to COVID-19, the employee’s place of employment was in compliance with the relevant guidances issued by the federal, state, local or municipal authorities in effect at the time.
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The full text of the bill can be found
here
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WE ARE FULLY PREPARED TO REVIEW
OR DISCUSS ANY ISSUES INVOLVING
WORKERS’ COMPENSATION
DURING THIS CRISIS.
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