Rich Lenkov Quoted in Business Insurance on COVID-19 Compensability Challenges

Capital member Rich Lenkov was quoted in a Business Insurance article discussing the challenges of workers’ compensation claims related to the COVID-19 pandemic in “Coronavirus Comp Claims present Challenges: Experts.”

Rich stated that from a legal perspective, COVID-19 workers’ compensation claims will be very difficult to prove because—by its very nature—you can catch the virus almost anywhere. He also noted “there’s going to be a lot of sympathy” for first responders, health care workers, grocery workers, delivery drivers and other essential workers who file workers comp claims for COVID-19, which may lead judges and arbitrators to allow claimants some leeway regarding their burden of proof.

Rich also highlighted that though employers must continue to pay workers comp benefits to injured workers even if the workplace is closed, employers may be able to require an injured worker complete a telemedicine visit, see another doctor who is treating or making house calls, or participate in an independent medical examination as a condition of temporary total disability payments.

Read “Coronavirus Comp Claims Present Challenges: Experts.”