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According to a recent release from Stone, Loughlin and Swanson LLP, there are many changes on the horizon for the workers comp industry due to the vicissitudes of the novel COVID-19 virus. From return to work procedures to designated doctor exams and presumption laws, this virus is affecting many areas of workers compensation claims and insurance professionals are working tirelessly to keep up with the constant changes. Here are a few noteworthy updates that are impacting the workers compensation industry today. Texas and COVID-19 Presumption in Workers Compensation Unlike several other states across the U.S., Texas has not enacted any workers compensation presumption rules. Besides the existing presumptions, the DWC has stated that workers compensation carriers should follow the typical rules regarding investigating and adjudicating claims. A number of groups in Texas have called for Governor Abbott and the city to adopt a workers compensation coverage presumption, including the Texas AFL-CIO, The Combined Law Enforcement Associations of Texas and local firefighters, who believe that COVID-19 claims should be covered under workers compensation based on Government Code Chapter 607, which provides that, for firefighters, peace officers, or EMTs who suffer from tuberculosis or other respiratory illnesses which have [...]

From respiratory problems to just plain inconvenience, the never-ending debate about wearing a mask during the ongoing COVID-19 virus has many arguments on both sides. While some arguments can - and should - be considered, others seem to be somewhat lacking in accuracy. According to the healthcare experts at Medical News Today, here is a look at the most common myths about wearing a mask - and what to consider about each: Argument 1: Masks Do Not Protect the Wearer, Only Those Around Them This argument seems to cause the most dissent among the general public, since it would seem the only mask that is effective at protecting the wearer from the new Coronavirus. Even most mass-produced masks come with the disclaimer that they cannot prevent the wearer from contracting the new virus. While this may presumably make a case that masks are futile in this pandemic, public health organizations urge everyone to wear masks to protect those around them against airborne particles from asymptomatic patients or carriers of COVID-19. This is called source control and is proven to be an effective way to slow down the spread of a virus as well as reduce its numbers significantly [...]

The effects of COVID-19 have had a major impact on the way insurance claims and workers compensation cases are handled, but it's not just physical health that is a concern for the workforce. While the physical symptoms of this novel virus may fade, there may be lasting psychological damage that needs to be accounted for and treated. In a recent webinar hosted by the National Workers Compensation Defense Network, these psych claims are explored and analyzed more closely, revealing that not only is this virus a complex issue to navigate in workers compensation, but also the surrounding psychological components that arise as a result of it. Here are some major topics discussed that show these devastating effects. Psychiatric components to COVID-19 claims may be the longest lasting and can also create the most exposure in workers compensation claims. Whether it is fear of claims or a positive COVID-19 diagnosis, it can morph into psych issues very quickly. The lasting impact of psychiatric exposure can result in activation or worsening of pre-existing psychological issues. Even the stay at home orders have been mentally challenging  for most and increase exposure and risk of developing lasting psychological issues. Isolation has taken [...]

After a recent spike in COVID-19 cases across the country, many states are going back under quarantine to prevent further outbreaks. For all those who have been working remotely during the quarantine, here are a few helpful tips inspired by The Muse to stay healthy and productive while you work from home during quarantine: Get Dressed With most people working from home, it seems like an exercise in futility to get dressed before hopping on the computer for the day. But getting dressed is a great way to signify to your body and mind that it's time to get to work! You don't have to don your full business-casual attire, but avoiding wearing pajamas all day during the work week can have a significant positive outcome on your morale and work ethic. Getting dressed signifies that you're out of bed and ready to start the day as productively and constructively as possible. Define a Clear Workspace or Home Office Most people are used to leaving their homes to go to work, which is a clear sign that you are separating work life from home life. But for those working remotely, it's important to delineate a physical work [...]

It's been a week since Governor Abbott announced the reopening of businesses in Texas, and the COVID-19 quarantine is gradually being lifted. State by state, industries are reopening and slowly recovering from the devastating effects of COVID-19. But what can we expect now that workers are returning to work amidst a pandemic? The U.S. unemployment rate has jumped from 3.5% in February to 4.4% in March.  In the four weeks preceding April 11, 22 million new unemployment claims were filed "In the case of active claims, many injured workers are experiencing delayed recovery due to the pandemic. Hospitals and clinics have halted non-essential surgeries and procedures to free up resources, conserve supplies for doctors treating COVID-19 patients and to prevent the spread of the virus. " As always, Clinical Compensation Consultants is ready to handle any workers compensation claims that you may have, even those related to COVID-19. Read more from NCCI on how COVID-19 has affected the workers compensation industry below: Read More

As a result of the current COVID-19 epidemic, many adjusters and workers compensation professionals have been faced with determining compensability for this COVID-19 diagnosis. Those of us who deal with workers’ compensation claims regularly can argue any number of positions, including the issue of occupational disease as it is discussed in the statute. As a general rule, and by statute in most jurisdictions, employees who have been exposed to an infectious disease that exists not only in their industry but outside of it historically have not been eligible for workers compensation benefits unless that disease is an incident to a compensable injury or occupational disease. Today, many experts in our industry believe that the statutes will have to be modified given the current predicament of much of our healthcare workforce. For example, there are existing exceptions in Texas to the presumption that infectious diseases fall under the "ordinary disease of life" category. But those exceptions are limited by certain job titles, ie. peace officers, firefighters, first responders and emergency medical technicians). Labor Code section 504.055(b) applies only to a first responder who sustains a serious bodily injury, as defined by Section 1.07, Penal Code, in the course and scope [...]