The COVID-19 presumption, set forth in Minn. Stat. 176.011 subd. 15(f) for certain healthcare workers and first responders, sunset as of 11:59 p.m. on January 13, 2023, turning the lights off on the statutory workers’ compensation presumption. In effect, the COVID-19 presumption will not apply to any injuries after January 13, 2023, and workers in occupations where the presumption applied may still assert claims of workplace COVID-19 exposure resulting in a personal injury but will not have the presumption of compensability and will have the burden of proving that they contracted COVID-19 due to workplace exposure.
The presumption was originally allowed to sunset on December 31, 2021, but the legislature reenacted the presumption at the beginning of the 2022 legislative session with a sunset clause of 11:59 p.m. on January 13, 2023. Unlike 2022, there appears to be no desire on the part of the 2023 legislature to extend the COVID-19 presumption.
Bottom Line
The end of the COVID-19 presumption does not foreclose future claims for work related COVID-19 personal injuries. With the lights being turned off on the COVID-19 presumption for workers’ compensation compensability for covered employment groups, all employees now have the burden of proving all elements necessary to collect workers’ compensation benefits relating to alleged workplace COVID-19 exposure. Employees must prove that the illness arose out of and in the course of employment. Felhaber will continue to monitor the situation and update you as developments warrant.
The post Lights Out On The COVID-19 Presumption appeared first on Felhaber Larson.