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If Pennsylvania employees become infected, become exposed without being infected or develop psychological consequences from either situation, Pennsylvania employers could face wage-loss claims, medical claims, testing claims or claims for psychiatric services or disability under the Pennsylvania Workers’ Compensation Act.
The question is, are any or all of these claims actually compensable under the act?
Considering that COVID-19 was officially recognized on Feb. 11, by the World Health Organization, (WHO) Pennsylvania workers’ compensation judges, the Pennsylvania Workers’ Compensation Appeal Board and the Pennsylvania appellate courts have not rendered any specific rulings on the issue.
Director Joseph DeRita will speak on the changes at the Workers' Compensation office and Stephen Potako, Esq. and Matt Wilson, Esq. will outline basic OD law in PA (enumerated diseases, catch-all provisions, presumption of causation, standard burden of proof if no presumption applies) then apply that template to Covid-19 situations with defense side arguments and claimant side arguments.