Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Workers’ Compensation Claims and COVID-19

Client Alert

Can one of my employees file a workers’ compensation claim if they claim that they contracted coronavirus at work?

We get that question a lot. Yes, they can, but you should oppose any application for coverage if you receive one.

Generally, the claim will not be granted unless the employee has a job that poses a special hazard or risk of exposure to the virus and the employee can prove that he or she contracted the virus at work.

Under Ohio law, compensable occupational diseases are those diseases that arise from employment activity. Because coronavirus can be contracted in a variety of different ways outside the workplace, it is presumed that the illness was contracted outside of work. Thus, it is very difficult for an employee tie his or her illness to the workplace.

Some states, such as Minnesota and California, have created a rebuttable presumption in favor of first responders and healthcare workers. This presumption assumes that these workers contracted COVID-19 at work unless their employer can prove that they contracted it outside of work.

As of May 29, 2020, seven bills have been introduced in the Ohio General Assembly proposing some version of the rebuttable presumption in favor of first responders (police officers, firefighters and EMT’s), corrections officers, nursing home workers, healthcare workers, retail food establishment workers, food processing establishment workers. 

One bill, H.B. 573, seeks the presumption for any employee required by their employer to work outside of their home during the state-declared public health emergency. This is likely a bridge too far for the Ohio General Assembly.

The bill closest to becoming law is H.B. 606.  This bill passed the Ohio House on May 28, 2020 and will now move on to the Ohio Senate. H.B. 606 would create a rebuttable presumption that the following workers are eligible for workers’ compensation if they contract COVID-19 between March 9, 2020 and December 31, 2020:

  • peace officers (police department employees, housing authority officers, state university law enforcement, public safety officers, ODNR law enforcement, and others);
  • firefighters (paid or volunteer);
  • emergency medical workers (paid or volunteer first responders, technicians and paramedics);
  • corrections officers (adult and juvenile);
  • employees of retail food establishments (any employer that uses its premises, in whole or in part, to store, process, prepare, manufacture, or otherwise hold or handle food for retail sale to the ultimate consumer – yes, this would include food trucks); and
  • employees of food processing establishments (any employer that that uses its premises, in whole or in part, to process, package, manufacture or otherwise hold or handle for distribution to another location or for sale at wholesale).

For additional information, please contact Adam D. Fuller, adfuller@bmdllc.com or 330.374.6737, or any member of the L+E Team at BMD.


Valley National Bank/Trulieve Loan: A Big Step Out of the Shadows

In a late December press release, Trulieve announced that it had secured a $71.5 million commercial bank loan. In addition to the amount of the loan, which may be the largest commercial bank loan to date to a cannabis company, the release prominently identified Valley Bank and featured both a quote from Valley’s Senior Vice President, John Myers, and a description of the Bank’s service platform and commitment to the cannabis industry.

The End of Non-Competes? The Impact It Will Have on the Healthcare Industry

On January 5, 2023, the Federal Trade Commission (“FTC”) announced a proposed rule that, if enacted, will ban employers from entering into non-compete clauses with workers (the “Rule”), and the Rule would void existing non-compete agreements. In their Notice, the FTC stated that if the Rule were to go into effect, they estimate the overall earnings of employees in the United States could increase by $250 billion to $296 billion per year. The Rule would also require employers to rescind non-competes that they had already entered into with their workers. For purposes of the Rule, the FTC has defined “worker” to also include any employees, interns, volunteers, and contractors.”

2022 Healthcare Recap and 2023 Healthcare Check-Up

As the country begins to return to a new “normal” following the COVID-19 pandemic, there are many healthcare rules changing on both the federal and state levels as a result. Thus, it is important for healthcare providers and their employers to be aware of these changing rules, and any implications they may have on their practice. Look back on healthcare in 2022 and find a checklist for 2023.

Direct Support Professional Retention Payments

On December 15, the Ohio Senate and House passed House Bill 45, which authorizes the Department of Developmental Disabilities (DODD), in conjunction with the county boards of developmental disabilities, to launch their initiative to issue retention payments to Direct Support Professionals (DSPs). These retention payments will be distributed quarterly to participating home and community-based waiver providers to address the workforce crisis in the direct provider sector. Governor DeWine needs to sign the Bill to begin the payments, but he is expected to do so by the end of 2022.

Real Estate Investors Position for 2023 Opportunities

Real estate investors weathered another year in a post-pandemic world, with the year closing with yet another interest rate increase coupled with both uncertainty and heightened interest carrying into 2023. Just last Wednesday, the Federal Reserve raised its benchmark interest rate 0.50 percentage points, shifting the target range to 4.25% to 4.50%. The new level is the highest the fed funds rate has been since December 2007 and marks the seventh rate hike this year. So what does this mean to investors, brokers, lenders, and others in the real estate world? Read a few perspectives below from stakeholders familiar with our BMD clients and the markets in which they do business.