COVID at the workplace
Are New Yorkers entitled to Workers' Compensation benefits for an alleged contracture of the virus at work? What is the burden of proof, if any? What class or type of workers can prevail in these claims? Is "essential worker" status required? What is an "essential worker"? How will the Courts handle appeals of these claims to a higher level?
The New York Workers' Compensation Board is dealing with these very issues now. Practitioners are split on whether these claims will be sustainable .. after all, how can one prove where the virus was contracted? What medical evidence should be deemed sufficient to move forward with these claims?
Perhaps a legislative solution akin to that enacted to handle claims arising out of the 9/11 tragedy is in order.
What are your thoughts? Should these claims be compensable? Should we codify the compensability of these claims? Should the presumption of compensability apply? I'd love to hear your thoughts and comments!