NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.
Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.
Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.
Please see below a link to Kentucky Governor Beshear's Executive Order, dated April 9, 2020 ("Order"). This Order states:
1. "An employee removed from work by a physician due to occupational exposure to COVID-19 shall be entitled to temporary total disability payments...during the period of removal even if the employer ultimately denies liability for the claim. In order for the exposure to be "occupational," there must be a causal connection between the conditions under which the work is performed and COVID-19, and which can be seen to have followed as a natural incident to the work as a result of the exposure occasioned by the nature of the employment;"
[Note 1: This would necessitate a note/report from a physician stating the employee was removed from work due to occupational exposure, and addressing the above referenced causal connection between the work activity and COVID-19.]
[Note 2: The Order mandates that upon receipt of the above referenced physician note/report, TTD benefits are then owed, even "if the employer ultimately denies liability." Numerical paragraph 1. of the Order does not address how or when an employer shall deny liability. Developments as to a subsequent denial will have to be monitored going forward.]
2. KRS 324.040(1), which provides no TTD benefits are owed for the first seven (7) days, unless the worker is off for more than two (2) weeks is suspended and TTD shall be paid from the first day the employee is removed from work.
3. It shall be presumed that removal of certain workers from work by a physician is due to occupational exposure to COVID-19. The Order enumerates employees that shall have a presumption of causation. (See numerical paragraph 3.).
[Note 3: This section of the Order does not make any reference to an employer that "ultimately denies liability," but that appears to be addressed in numerical paragraph 5, discussed below.]
[Note 4: This section of the Order that presumes causation includes military, National Guard and postal service workers. To the extent that servicemen, servicewomen and postal workers are Federal employees, he or she should not be eligible for Kentucky workers' compensation benefits.]
4. This Order applies to all carriers and self-insureds.
5. "Payment by the employer or its payment obligor pursuant to this Order does not waive the employer's right to contest its liability for the claim or other benefits to be provided."
[Note 5: This section of the Order does not specify how or when an employer shall contest liability. This necessitates monitoring of future developments.]
Jones Howard Law, PLLC will continue to monitor all COVID-19 developments as relate to workers' compensation matters -- and keep our clients well informed.
Should you have any questions or wish to discuss any of these matters personally, please contact one of our attorneys at your convenience. We appreciate the opportunity to be of service in this regard.
https://governor.ky.gov/attachments/20200409_Executive-Order_2020-277_Workers-Compensation.pdf
H. Douglas Jones, Esq.
djones@joneshowardlaw.com
Mark W. Howard, Esq
mhoward@joneshowardlaw.com
Troy W. Skeens, Esq.
tskeens@joneshowardlaw.com
Margo J. Menefee, Esq.
mmenefee@joneshowardlaw.com