SIDEBAR Summer/Fall 2020 - 43

SIDEBAR FEATURE

MONTGOMERYBAR.ORG

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.
As of mid-June, 2020, 3,749 coronavirus exposure claims
had been made in Pennsylvania. The majority of those
claims, 2,535, were made by healthcare, first responder, or law
enforcement workers. Of those, 1,677 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." Ninety-two claims
were accepted as compensable for both wage loss and medical
benefits, and 95 claims were accepted for payment of medical
treatment only. Eighty-five claims were accepted for wage loss
and medical initially, then wage loss benefits were suspended but
medical remained open.
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; 782 claims fell into
this category of temporary acceptance. An additional 674
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.
Workers who have been exposed to the novel coronavirus
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, Heart and Lung, 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.

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