Challenges to Workers' Compensation
World Health Organization
The 2009 influenza pandemic (flu) had created a new framework of acts and regulations to respond to the World Health Organization’s (WHO) phase 6 pandemic alert. Governmentally imposed employment disruptions resulting from regulatory work disruptions to prevent the spread of disease may be massive. While workers’ compensation was envisioned as a summary and remedial social insurance program, the workers’ compensation system's challenges to deliver benefits as promised may be seriously burdened and compromised.The Next Strain
Even future virus strains are being tracked now. Nextstrain provides real-time tracking of pathogen evolution. Nextstrain is an open-source project to harness the scientific and public health potential of pathogen genome data. It provides a continually-updated view of publicly available data alongside powerful analytic and visualization tools for use by the community. A new variant of the SARS-CoV-2 is under investigation in the United Kingdom.Public Health Emergency
The United States had structured its response on both a State and Federal level to the 2009 influenza alert. The Public Health Service Act (PHS) permitted the Secretary of Health and Human Service (HHS) to access a special emergency fund, allows or the use of unapproved medical treatments and tests, and allows the waiver of certain reimbursement of Medicare and Medicaid expenses, and waived penalties and sanctions for violation of the HIPAA Privacy Rule requirements. Additionally, the President was permitted to issue an emergency declaration under The Stafford Act to coordinate emergency relief under State and Federal programs, i.e. use and distribution of anti-viral medications.COVID-19
The workers’ compensation system could be requested to provide temporary disability benefits for occupational disease absences on a massive scale never before experienced. Pre-emption by superseding emergency regulatory actions may curtail employment that will trigger the implementation of State workers’ compensation benefits. The employer and the workers’ compensation insurance carriers will be required to pay temporary disability and medical benefits as a direct consequence of efforts to prevent the spread of a communicable disease. The carefully crafted employee-employer notification structure integrated into the workers’ compensation system may be partially or entirely disrupted by the global health emergency's consequences and chaos.Read more about coronavirus - Live Updates
CDC Transmission Map - COVID Data Tracker (Live Updates
Coronavirus Disease 2019 (COVID-19) US CDC - Live Updates
Center for Infectious Disease Research & Policy (CIDRAP) Novel Coronavirus (COVID-19) Resource Center - Live Updates
Bloomberg Philanthropies Public Health Initiatives (Live Updates)
COVID-19 US State-By-State Projections IHME - Live Updates
Novel Coronavirus Resources (COVID-19) American Society for Microbiology - Live Updates
Coronavirus - Latest Live Updates NYTimes
Coronavirus Statistical Counters Worldmeter.com) Live Updates
News About Coronavirus - British Medical Journal: Live Updates
US VA Novel Coronavirus Disease (COVID-19) Live Updates
Coronavirus dashboard AXIOS Live Updates
COVID-19 Outbreak: Rights, roles, responsibilities of health workers, including key considerations for occupational safety and health WHO
Evidence of SARS-CoV-2 Infection in Returning Travelers from Wuhan, China, NEJM, February 18, 2020 DOI: 10.1056/NEJMc2001899
New Jersey Department of Health Surveillance Criteria and Testing for Novel Coronavirus 2019 (2019-nCoV) nj.gov 2/28/20
New Jersey Update and Interim Guidance on New CDC Testing Criteria for 2019 Novel Coronavirus (COVID-19) nj.gov 3/4/20
Political Responses to the Coronavirus (COVID-19) pandemic 2020-Ballotpedia Live Updates
Interim Pre-pandemic Planning Guidance: Community Strategy for Pandemic Influenza Mitigation in the United States (Early, Targeted, Layered Use of Nonpharmaceutical Interventions, CDC Feb. 2007
Notice To The NJ Bar: Public Access To Court Events During Covid-19 - Directives #11-20 ("Supreme Court Guidelines On Media Access And Electronic Devices In The Courts") And #12-20 ("Principles And Protocols For Virtual Court Operations During The Covid-19 Coronavirus Pandemic") njjudiciary.com AOC 4/28/2020
Live Dashboards - Statistics / Demographics
Coronavirus COVID-19 Global (Worldwide) Cases by Johns Hopkins CSSE-Live Updates
State of NY COVID-19 Dashboard-Live Updates
State of NJ COVID-19 Dashboard-Live Updates
COVID Risk Level Dashboard - Harvard Global Health Initiative-Live Updates
Projection Models For COVID-19
MRC Centre for Global Infectious Disease Analysis-Imperial College London - Live Updates
Rt Covid-19 - The metric being tracked here (Rt) represents the effective reproduction rate of the virus calculated for each locale- Live Updates
Podcasts/Webinar
COVID in 20 Podcast- Veterans Administration - To watch or listen to the entire interview and past interviews. Dr. Chad Kessler, National Program Director for VHA Emergency Medicine every Tuesday and Thursday at 4:30 ET using Adobe Connect:
COVID in 20 - Independence Day Special event - Expert Guests 7/2/2020
Four Insights About the Coronavirus, A Cardiovascular Disease The Daily NYTimes 7/6/2020
TWIV This Week in Virology Podcasts
Formats: iTunes, Google Podcasts, RSS, email
Federal COVID-19 Legislation
This bill provides additional relief to address the continued impact of COVID-19 (i.e., coronavirus disease 2019) on the economy, public health, state and local governments, individuals, and businesses.
H.R.6201 - Families First Coronavirus Response Act Enacted 3/18/2020
require employers to provide paid sick leave to employees, establish requirements for providing coronavirus diagnostic testing at no cost to consumers,
H.R.6074 - Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 Enacted 3/6/2020 $8.3 Billion
developing, manufacturing, and procuring vaccines and other medical supplies; grants for state, local, and tribal public health agencies and organizations; loans for affected small businesses; evacuations and emergency preparedness activities at U.S. embassies and other State Department facilities; and humanitarian assistance and support for health system
Stop gap legislation to shore up the economy and respond to the coronavirus pandemic
Read more relevant articles
Michael A. Gelman, MD PhD, Diamonds in the Rough or Diamonds Forever, Pandemic Preparedness Experts, September 15, 2020
Testing, FDA, and CDC: Can We Do a Million-Dollar Study to Answer a Trillion-Dollar Question?, Michael A. Gelman, MD PhD, Pandemic Preparedness Experts, September 4, 2020 https://www.pandemicpreparednessexperts.com/blog/8myatml5xb3tu6lmkmicy9wd8ogvym
The Infectious Nature of Patient-Generated SARS-CoV-2 Aerosol, medRxiv preprint doi: https://doi.org/10.1101/2020.07.13.20041632, this version posted July 20, 2020.
Inside the fight for denied comp for healthcare workers PBS Newshour 7/19/2020
Neurological and neuropsychiatric complications of COVID-19 in 153 patients: a UK-wide surveillance study, Aravinthan Varatharaj, MRCP et al., Lancet, June 25, 2020, DOI:https://doi.org/10.1016/S2215-0366(20)30287-X
How can airborne transmission of COVID-19 indoors be minimised? Lidia Morawska,Julian W. Tang,William Bahnfleth,Philomena M. Bluyssen,Atze Boerstra,Giorgio Buonanno,Junji Cao,Stephanie Dancer,Andres Floto,Francesco Franchimon,Charles Haworth,Jaap Hogeling,Christina Isaxon,Jose L. Jimenez,Jarek Kurnitski, et al.,Environment International, September 2020.
https://doi.org/10.1016/j.envint.2020.105832
US Senate Hearing: COVID-19: Lessons Learned to Prepare for the Next Pandemic, June 23, 2020
Clinical and immunological assessment of asymptomatic SARS-CoV-2 infections, Nature Medicine https://doi.org/10.1038/S41591-020-0965-6 6/18/2020
OSHA Lists Actions to Protect Workers During the Coronavirus Pandemic OSHA 5/28/2020
“Chloroquine or hydroxychloroquine for COVID-19: why might they be hazardous?” , The Lancet, Published Online May 22, 2020, https://doi.org/10.1016/ S0140-6736(20)31174-0
Proceedings of the National Academy of Sciences May 2020, 202006874; DOI:10.1073/pnas.2006874117
Schuchat A. Public Health Response to the Initiation and Spread of Pandemic COVID-19 in the United States, February 24–April 21, 2020. MMWR Morb Mortal Wkly Rep. ePub: 1 May 2020. DOI: http://dx.doi.org/10.15585/mmwr.mm6918e2external icon
What The World Can Do To Prevent Future Pandemics, M Liu, Washington Post 4/17/2020
OSHA Steps Backwards on COVID-19 Occupational Exposures 4/12/2020
Covid-19 -- The Law and Limits of Quarantine N Engl J Med 2020; 382:e28 DOI: 10.1056/NEJMp2004211 April 9, 2020
Pandemic Preparedness in the workplace and the Americans with Disabilities Act,
Hadfield et al., Nextstrain: real-time tracking of pathogen evolution, Bioinformatics (2018)
New York’s governor ordered the state’s residents to stay indoors and most businesses to keep workers at home NY Times 3/20/2020
Impact of non-pharmaceutical interventions (NPIs) to reduce COVID- 19 mortality and healthcare demand Imperial College COVID-19 Response Team 03-16-2020
Veterans Affairs department reports first coronavirus death CNN 3/16/2020
US Moves Nearer to Shutdown Amid Coronavirus Fears - AP 3/15/2020
What the U.S. health system needs now to fight COVID-19 pls.org 3/13/2020
NJ Division of Workers' Compensation operations during the COVID19 pandemic NJ-DWC 4/22/20
Why the U.S. Wasn't Ready for the Coronavirus TheDaily Podcast NYTimes 3/11/2020
Social Distancing During the 1918 Influenza Pandemic and Lessons for Coronavirus Disease 2019 (COVID-19) Jennifer Tsang 3/8/2020
Emergency Federal Coronavirus Funding - Better late than never 3/8/2020
Read more about coronavirus - News
Most of the United States Not Reporting Essential COVID-19 Data 7/21/20
NJ Workers compensation reform introduced to deal with coronavirus crisis NJ-AFL-CIO 4/14/2020
Genome sequencing: Cryptic transmission of SARS-CoV-2 in Washington State, Bedford T, et al., medRxiv: 2020.04.02.20051417, https://doi.org/10.1101/2020.04.02.20051417 Posted 4/16/2020
Michael R. Bloomberg to Help City Leaders Respond to Coronavirus in the United States bloomberg.org 3/10/2020
Coronavirus in N.Y.: Cuomo Attacks C.D.C. Over Delays in Testing NYTimes 3/8/2020
New Jersey man hospitalized for coronavirus is first case in the state NY Post 3/5/2020
Burke RM, Midgley CM, Dratch A, et al. Active Monitoring of Persons Exposed to Patients with Confirmed COVID-19 — United States, January–February 2020. MMWR Morb Mortal Wkly Rep. ePub: 3 March 2020. DOI: http://dx.doi.org/10.15585/mmwr.mm6909e1external icon
NY Insurers Ordered to Waive Cost-Sharing for Coronavirus Testing NYState 3/2/2020
How to Confront the Coronavirus at Every Level NYTimes 3/2/2020
How Prepared Is the U.S. for a Coronavirus Outbreak? NYTimes 3/1/2020
First Covid-19 outbreak in a U.S. nursing home raises concerns STAT+ 2/29/2020
Responding to Covid-19 — A Once-in-a-Century Pandemic? Bill Gates DOI: 10.1056/NEJMp2003762 2/28/2020
U.S. mulls using sweeping powers to ramp up production of coronavirus protective gear Reuters 2/28/2020
Positive RT-PCR Test Results in Patients Recovered from COVID-!19, doi:10.1001/jama.2020.2783 2/27/2020
Covid-19 — Navigating the Uncharted, DOI: 10.1056/NEJMe2002387, 2/28/2020.
U.S. Health Workers Responding to Coronavirus Lacked Training and Protective Gear, Whistle-Blower Says NYTimes 2/27/2020
C.D.C. Confirms First Possible Community Transmission of Coronavirus in U.S. NYTimes 2/26/2020
Is it a Pandemic Yet? NYTimes 2/24/20
White House to ask Congress for emergency coronavirus funding Politico 2-23-2020
CDC: Prepare for school and business closings, communities and hospitals should prepare now - Transcript for CDC Telebriefing: Update on COVID-19 2-21-2020
U.S. prepares for coronavirus pandemic, school, and business closures: health officials Reuters 2/21/2020
Coronavirus-infected Americans flown home against CDC’s advice Washington Post 2/20/2020
China disinfects banknotes and quarantines them for 14 days as Beijing announces 143 new coronavirus deaths and global toll rises past 1,600 Daily Mail 2-15-2020
China says 1,716 health workers infected by coronavirus, six dead Reuters 2/14/2020
CDC Update on Novel Coronavirus - Transcript of Telebriefing 2/12/2020
Severe acute respiratory syndrome-related coronavirus – The species and its viruses, a statement of the Coronavirus Study Group, bioRxiv 2020.02.07.937862; doi:https://doi.org/10.1101/2020.02.07.937862 .
Patel A, Jernigan DB. Initial Public Health Response and Interim Clinical Guidance for the 2019 Novel Coronavirus Outbreak — United States, December 31, 2019–February 4, 2020. MMWR Morb Mortal Wkly Rep. ePub: 5 February 2020. DOI: http://dx.doi.org/10.15585/mmwr.mm6905e1
“First Case of 2019 Novel Coronavirus in the United States,” Michelle L. Holshue, M.P.H., Chas DeBolt, M.P.H., Scott Lindquist, M.D., Kathy H. Lofy, M.D., John Wiesman, Dr.P.H., Hollianne Bruce, M.P.H., Christopher Spitters, M.D., Keith Ericson, P.A.-C., Sara Wilkerson, M.N., Ahmet Tural, M.D., George Diaz, M.D., Amanda Cohn, M.D., LeAnne Fox, M.D., Anita Patel, Pharm.D., Susan I. Gerber, M.D., Lindsay Kim, M.D., Suxiang Tong, Ph.D., Xiaoyan Lu, M.S., Steve Lindstrom, Ph.D., Mark A. Pallansch, Ph.D., William C. Weldon, Ph.D., Holly M. Biggs, M.D., Timothy M. Uyeki, M.D., and Satish K. Pillai, M.D.et al., for the Washington State 2019-nCoV Case Investigation Team*, NEJM 1/30/2020, DOI: 10.1056/NEJMoa2001191.
U.S. Official Promise "Aggressive Measures" to Contain Coronavirus 01-03-20 NYTimes
Clinical features of patients infected with 2019 novel coronavirus in Wuhan, China 01-24-2020 Lancet
CDC Confirms Person-to-Person Spread of the Coronavirus in the United States 01-30-2020 CDC
First case of person-to-person transmission of Wuhan virus in the US is confirmed 01-30-20 CNN
World Health Organization [UN] Declares Global Health Emergency 01-30-2020 (WHO)
Senator Edward J Markey Letter to President Trump 01-27-2020
Ten of thousands likely infected now: HKU experts 01-27-2020
In bid to curb virus, China arms tell staff to work from home even after the holidays end 01-27-2020 (Reuters)
CDC 2019-nCoV page
Should workers be vaccinated against bioterrorism 166 N.J.L.J.1173 (December 31, 2001)
Relating information:
OSHA: Executive Order on Protecting Worker Health and Safety 1/23/21
National Strategy for The COVID-19 Response and Pandemic Preparedness 1/22/21
More than half of COVID-19 healthcare workers are at risk for mental health problems 1/20/21
Disability for Post-Acute Sequelae of COVID-19 1/1/21
OSHA Temporary Emergency COVID Standard on the Horizon 12/29/20
Vaccine Recommendations: Essential Workers and Seniors12/20/2020
The major phases of COVID-19 12/20/2020
Major increase in work-related deaths reported 12/16/2020
NCCI Reports: NJ Among the Top States with COVID-19 Workers' Compensation Claims 12/09/2020
Trust Through Transparency 12/07/2020
Workers' Compensation Benefits for Long COVID 5/17/22
Links you may find useful: (Courtesy of, Michael A. Gelman, MD PhD, Staff Physician VAMC Bronx)
Literature Search Engine: https://cord19.aws
VA Map of Cases: https://tinyurl.com/C19-VA-map
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.
Blog: Workers ' Compensation
Twitter: jongelman
LinkedIn: JonGelman
LinkedIn Group: Injured Workers Law & Advocacy Group
Author: "Workers' Compensation Law" West-Thomson-Reuters
Updated: 05/18/2022