In summary, this bill states that:

  • In the case of a “front-line worker”, any disability or death resulting from COVID-19 shall be presumed to be compensable pursuant to 21 V.S.A. chapter 9, provided that the front-line worker receives a positive laboratory test for COVID-19 or a diagnosis of COVID-19 from a licensed healthcare provider between March 1, 2020 and January 15, 2021.

  • *This particular presumption shall not apply if it is shown by a preponderance of the evidence that the disease was caused by non-employment-connected risk factors or nonemployment-connected exposure.*


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  • In the case of a non-front-line worker”, any disability or death resulting from COVID19 shall be presumed to be compensable pursuant to 21 V.S.A. chapter 9 if the employee receives a positive laboratory test for COVID-19 or a diagnosis of COVID-19 from a licensed healthcare provider between April 1, 2020 and January 15, 2021 and, not more than 14 days prior to the date on which the employee is tested or examined, either:
  1. had documented occupational exposure in the course of employment to an individual with COVID-19; or
  2. performed services at a residence or facility with one or more residents or employees who: (A) were present at the time the services were performed; and either (B) (i) had COVID-19 at that time; or (ii) tested positive for COVID-19 within 14 days after the services were performed.

  • *This particular presumption shall not apply if the employer can show by a preponderance of the evidence that either the disease was caused by non-employment-connected risk factors or non-employment-connected exposure; or at the time the employee was potentially exposed to COVID-19, the employee’s place of employment was in compliance with the relevant guidances issued by the federal, state, local or municipal authorities in effect at the time.


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WE ARE FULLY PREPARED TO REVIEW
OR DISCUSS ANY ISSUES INVOLVING
WORKERS' COMPENSATION
DURING THIS CRISIS.

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TKCK is a workers' compensation and civil litigation firm handling cases in the all six New England States (Massachusetts, Connecticut, Rhode Island, New Hampshire, Maine and Vermont) and at the Federal level for Longshore Harbor Workers’ Compensation Act and Defense Base Act claims.

We are approved panel counsel for most major insurers, including AIG, ACE/Chubb, Travelers, Liberty Mutual, Zurich, PMA, Utica, XL Specialty, Starr, The Hartford, CNA, Berkley, Acadia and others. We have longstanding partnerships with most major Third Party Administrators and Self-Insured Groups and we are designated counsel for many of the largest employers in New England.


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