An employee of the NYS Police retained FOA for representation in a Workers’ Compensation claim after she was exposed to the coronavirus on 3 separate occasions at work. The workers’ compensation insurance company controverted the establishment of the case. After the first exposure, the claimant was required to quarantine for two weeks, however, since she was considered an essential worker, she was required go to work and then straight home every day. The second exposure occurred when the claimant had a conversation with a supervisor who was not wearing mask. The third exposure occurred when a co-worker tested positive for COVID-19. A few days later, the claimant tested positive for COVID-19. The claimant was required to quarantine and not permitted to work. As a result of the insurance company’s refusal to accept the case, the claimant was forced to use their sick time.
After a number of Workers’ Compensation hearings, the Law Judge determined that the claimant was entitled to Workers’ Compensation benefits. The Judge directed the claimant’s medical bills to be paid and the sick time restored. Unfortunately, the plaintiff is still fighting COVID-19 symptoms and the doctors fear it has affected the heart and lungs. The claimant also has a hernia from protracted coughing. FOA is working on getting medical to support these additional claims. .
