Berks County Bar Association The Berks Barrister Winter 2020-21 - 22

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The Current State of
COVID-19 Claims in PA
Workers' Compensation
By Levi S. Wolf, Esq.

N

ow that our economies are reopening, many more people
are asking whether their employers can be liable for
workers' compensation benefits, due to a COVID-19
exposure. The answer is yes. The Pennsylvania Department of
Labor and Industry Bureau of Workers' Compensation recently
released some data about coronavirus claims made in the
Commonwealth.
The Department reported that 9,137 coronavirus exposure
claims had been made in Pennsylvania as of November 24. The
majority of those claims, 5,304, were made by healthcare, first
responder, or law enforcement workers. Of the total, 3,520 were
denied by the workers' compensation insurance carriers. The
claimants have a three-year statute of limitations in which to
pursue those claims, starting from the " date of injury. " Of the
total, 4,008 claims were accepted as compensable for either wage
loss or medical benefits. Pennsylvania's workers' compensation
system allows for an insurance company to temporarily accept a
claim for both wage loss and medical, or for medical treatment
only, for 90 days while a claim is being investigated; some of these
4,008 claims fell into this category of temporary acceptance.
An additional 1,609 claims were in the very initial investigation
stage, in which the insurance company has 21 days to determine
whether to accept or deny the injury, or whether to accept it on the
temporary basis for 90 days, reserving the right to accept it or deny
it later within those 90 days.

22 | Berks Barrister

Workers who have been exposed to COVID-19 at their jobs
can make claims under both the Workers' Compensation Act and
also the Occupational Disease Act, both of which provide similar
benefits, but can have slightly different presumptions and burdens
of proof. Throw into the mix the Pennsylvania Heart and Lung
Act, which covers most police and prison officers. On April 29,
2020, Governor Wolf signed into law House Bill 1869 which
made changes to the Enforcement Officer Disability Benefits Law,
commonly referred to as the Heart and Lung Act, providing for
temporary payment of full salary.
Pennsylvania workers' compensation is a specialized area of
practice, filled with unexpected twists and turns. Especially today,
with the intersection of workers' compensation, the Americans
with Disabilities Act ( " ADA " ), the Family Medical Leave Act
( " FMLA " ), unemployment, the Heart and Lung Act, and
COVID-19 specific law such as the Families First Coronavirus
Response Act ( " FFCRA " ), both employers and injured or exposed
workers are well-advised to consult with experienced practitioners
to understand their rights.
Mr. Wolf is a shareholder in the law firm of Wolf, Baldwin
& Associates, P.C. with offices in Pottstown, Reading,
Pennsburg, and West Chester. He is certified as a specialist
in the practice of workers' compensation law by the
Pennsylvania Bar Association's Section on Workers'
Compensation Law as authorized by the Pennsylvania
Supreme Court.
http://www.berksbar.org
Berks County Bar Association The Berks Barrister Winter 2020-21

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