Tuesday, 13 October 2020 19:02

California COVID Presumption Law Creates New Data Tracking Burdens

Written by Jim Sams, Claims Journal


But even claims that qualify for the automatic presumption can be defeated by showing that the worker had no direct contact with anyone suffering from COVID-19. For example, a clinic may have directed all COVID-19 patients to a part of the building where the claimant had never worked, Kamin said.


Claims that don’t qualify for the presumption can be defeated by a preponderance of evidence. A claim may be defeated if an adjuster can gather enough facts to show the employer was great with protective personal equipment and supervisors were enforcing social distancing rules, Kamin said.


Social media can be a big help. Kamin said claimants have become more sophisticated about privacy settings in recent years, but some still post revealing information on Facebook or Instagram.


Fortunately for employers, Kamin said in the vast majority of COVID-19 cases the claimant recovers and are not interested in starting a legal battle with their employers.


“One of the first cases I remember, a gentleman was on a ventilator for six days,” he said. “He was so happy being out of the hospital and healthy again, he wasn’t interested in litigating the claim.”


We thank Claims Journal for reprint permission.

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