Bills filed in New York on Wednesday would create a presumption for covid-19 in worker’s compensation death cases and also change current temporary benefits law.
Assembly Bill 2145, also known as the Covid-19 Injured Workers’ Protection Act, would establish a COVID-19 presumption for public employee death benefits in cases where employees had to physically report to work and ended up contracting the virus.
The presumption would apply in cases where the director of a member’s pension scheme or a medical board determines that covid-19 was a significant contributing factor to the worker’s death.
The measure would allow employers to initiate compensatory and prescription drug payments to employees and continue those payments for 60 days at the temporary total disability rating.
The bill proposes to remove language in existing law that requires injured workers to enter into agreements with employers to ensure continued payments of temporary compensation.
AB 2145 would also amend current law by adding a presumption that treatment performed by a medical provider for covid-19 was done in an emergency manner and did not require prior authorization for quality for compensation benefits.
The bill also states that employers who fail to give notice of termination within 60 days after temporary disability benefits have begun will be deemed to admit liability and the temporary payments will be converted into a notice of compensation.