State of the States

Kentucky - Kentucky Governor, Andy Beshear (D), issued a sweeping executive order that establishes a presumption that COVID-19 is a work-related injury for a wide array of public and private employees in the state. Under the order, along with first responders and health care workers, grocery workers, postal workers, and child advocacy workers, among others, would qualify for wage-replacement benefits if quarantined by a physician. On Wednesday, the Kentucky Insurance Commissioner provided more guidance on the order.

Illinois - Last week, the Illinois Workers’ Compensation Commission adopted emergency rules that establish a presumption that first responders and “front line workers” who contract COVID-19 during this state of emergency are entitled to workers’ compensation benefits. Under the rules, “front line workers” would include grocery store personnel, gas station attendants, agricultural workers, and restaurant employees.

Virginia - Governor Ralph Northam (D) signed two labor friendly bills into law, effective July 1, 2020. The bills include HB 46 which requires employers and insurers to timely notify the employee of their intent to reject or challenge a claim, including specific reference to any missing information the claimant must submit and HB 169 which adds correctional officers to the state’s PTSD workers’ compensation presumption.

Arizona - Governor Doug Ducey (R) issued an executive order last week that would expand access and use of telemedicine for workers’ compensation claims. Under the order, beginning on April 14, 2020, all workers’ compensation insurance plans in the state are required to provide coverage for healthcare services delivered through telemedicine.

By Danielle Jaffee

Courtesy of Injured Workers Pharmacy Blog

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