Lamont issues order creating limited COVID-19 Workers’ Comp presumption

Governor Ned Lamont has issued an Executive Order creating a limited COVID-19 workers’ compensation presumption for essential employees. The presumption applies to essential employees who missed a day or more of work between the dates of March 10, 2020 and May 20, 2020, and the following conditions were met:

1. such employee worked, at the direction of the employer, outside the home during at least one of the fourteen days immediately preceding the date of injury, and had not received an offer or directive from said employer to work from home instead of from his or her place of employment;
2. if the date of injury was more than fourteen days after March 23, 2020, such employee was employed by an employer deemed essential by the Department of Economic and Community Development pursuant to Executive Order 7H;
3. the contraction of COVID-19 by such employee was confirmed by a positive laboratory diagnostic test within three weeks of the date of injury or diagnosed and documented within three weeks of the date of injury by a licensed physician, licensed physician’s assistant, or licensed advanced practice registered nurse, based on the employee’s symptoms; and
4.  a copy of the positive laboratory diagnostic test results or the written diagnosis required by subdivision (iii) of this subsection shall be provided to the employer or insurer

Executive Order 7H instructed the Connecticut Department of Economic and Community Development (DECD) to define which businesses are essential, which they did by publishing these definitions. Note that “commercial trucking” is listed under the “infrastructure” sector as one of 16 Critical Infrastructure Sectors defined by the federal Department of Homeland Security, which DECD referenced in their definitions.