Workers' Compensation: Disability for Post-Acute Sequelae of COVID-19

The residuals of COVID-19 (SARS-CoV2 virus) are many. Claimants will need to prove that the residuals that they have sustained are causally related to the virus.

In New Jersey, the Workers Compensation Act permits an award for a disability that is permanent in quality and partial in character and requires that the disability be “based upon demonstrable objective medical evidence.”

To be compensable, the disability must be one that “restricts the function of the body or its

Disability for Post-Acute Sequelae of COVID-19

members or organs.” The court must take into consideration “whether there has been a lessening, to a material degree, of an employee's working ability.”

The US National Institutes of Health (NIH) hosted a virtual Workshop on Post-Acute Sequelae of COVID-19 on December 3-4, 2020, to summarize existing knowledge on post-acute manifestations of COVID-19 and to identify critical knowledge gaps.

The workshop opened with an overview of the current challenges, talks on clinical observations (both US and international), and insights from the patient’s perspective. Focus switch to pathogenic features of coronaviruses as well as host immunological responses.

The first day wrapped up with a series of talks on post-acute sequelae of COVID-19 as reported to date in various focus areas.

The seminar provides a monumental amount of information about studies attributing post-acute COVID medical conditions to long-term residuals.

Video: Workshop on Post Acute Sequelae of COVID-19 (Day 1) 12/3/2020

Jennifer Couzin-Frankel, From ‘brain fog’ to heart damage, COVID-19’s lingering problems alarm scientists, Science, 7/31/20

Elizabeth Cooney, Long after the fire of a Covid-19 infection, mental and neurological effects can still smolder, STAT, 8/12/2020

Angelo Carfì, MD¹; Roberto Bernabei, MD¹; Francesco Landi, MD, PhD¹; et al., Persistent Symptoms in Patients After Acute COVID-19, JAMA, 7/9/2020, JAMA. 2020;324(6):603-605. doi:10.1001/jama.2020.12603

Garrigues E, Janvier P, Kherabi Y, et al. Post-discharge persistent symptoms and health-related quality of life after hospitalization for COVID-19. J Infect. 2020;81(6):e4-e6. doi:10.1016/j.jinf.2020.08.029

Tenforde MW, Kim SS, Lindsell CJ, et al. Symptom Duration and Risk Factors for Delayed Return to Usual Health Among Outpatients with COVID-19 in a Multistate Health Care Systems Network — United States, March–June 2020. MMWR Morb Mortal Wkly Rep 2020;69:993-998. DOI: http://dx.doi.org/10.15585/mmwr.mm6930e1

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