Client Alerts, News Articles & Blog Posts

Everything you need to know about BMD and the industry.

Workers’ Compensation Claims and COVID-19

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.

Changes to Physician Assistant Statutes in Florida

In the last year, there have been many changes to the scope of practice and collaboration/supervision requirements for advanced practice providers such as APRNs and physician assistants in the state of Florida. In a previous Client Alert we discussed House Bill 607, which expanded the autonomous practice of APRNs providing primary care services in Florida.

Ohio Senate Bill 49 – Ohio Expands Lien Rights for Design Professionals

Effective September 30, 2021, Ohio granted limited lien rights to design professionals, including architects, landscape architects, engineers, and surveyors. Ohio Governor Mike DeWine signed Senate Bill 49 into law on July 1, 2021. This new law established a statutory right to lien commercial real estate by Ohio design professionals who, until now, could not file a lien for non-payment of professional services. Senator Vernon Sykes, a primary sponsor of Senate Bill 49, stated that the “legislation ensures that architects, engineers and other designers will get paid for their work, regardless of the outcome of their projects . . . It will support hardworking Ohioans by protecting the value of their labor . . ..”

Primary Care Practice Officially Defined in Florida for APRNs Practicing Autonomously

As many providers in Florida are aware, House Bill 607 (the “Bill”), which was passed in February of last year, gives certain APRNs in Florida the ability to practice autonomously. The only catch is that they must work in primary practice. When the Bill was initially passed, there was question as to what was exactly considered primary care, absent a definition from the Florida Board of Nursing. However, as of February 25, 2021, “primary care practice” has officially been defined.

Part II of the No Surprises Act

The Department of Health and Human Services (“HHS”) published Part II of the No Surprises Act on September 30, 2021, which will take effect on January 1, 2022. The new guidance, in large part, focuses on the independent dispute resolution process that was briefly mentioned in Part I of the Act. In addition, there is now guidance on good faith estimate requirements, the patient-provider dispute resolution processes, and added external review provisions.

Safer Federal Workforce Task Force - Guidance for Federal Contractors and Subcontractors

The Safer Federal Workforce Task Force has issued its Guidance for Federal Contractors and Subcontractors (Guidance). Note that the Guidance applies only to “covered contracts,” which are contracts that include the clause (Clause) set forth in Sec. 2(a) of Executive Order 14042 (Ensuring Adequate COVID Safety Protocols for Federal Contractors). The Federal Acquisition Regulatory Council (FARC) is to conduct rulemaking and take related action to ensure that the Clause is incorporated into federal contracts. Until that happens, federal contractors likely will not see the Clause in its contracts. Following is a broad summary of the Guidance.