CCSO MEMBERS & COVID-19: WHAT YOU NEED TO KNOW
BY: CCSO WORKERS’ COMP ATTORNEY ED SINGER
On March 26, 2020, Sacramento Bee reported that “[a]t least 12 California State Prison employees have tested positive for the novel coronavirus.” These infections were reports at the following institutions: California Institution for Men in Chino; California State Prison, Sacramento; Folsom State Prison; California Health Care Facility in Stockton; the Substance Abuse Treatment Facility and State Prison at Corcoran, Wasco State Prison; and San Quentin.
Therefore, it is very important that CCSO members be aware of their workers’ compensation rights with respect to the Coronavirus Disease. CCSO Members may be entitled to claim work compensation benefits for their contraction of the Coronavirus Disease.
What is Coronavirus?
Per the Centers of Disease Control, the Coronavirus, SARS-CoV-2, is the cause of a disease known as “Coronavirus Disease 2019” or abbreviated as ‘COVID-19.’ The Disease is something that is spread by “Person to Person” contact.
Per the Centers of Disease Control, “Coronaviruses are a large family of viruses that are common in people and many different species of animals, including camels, cattle, cats, and bats. Rarely, animal coronaviruses can infect people and then spread between people such as with MERS-CoV, SARS-CoV, and now with this new virus (named SARS-CoV-2).
The SARS-CoV-2 virus is a betacoronavirus, like MERS-CoV and SARS-CoV. All three of these viruses have their origins in bats. The origin of the disease being from China. The CDC also noted that the disease spread via “person to person” contact. “Person to Person” contact then spread the disease outside of China.
The CDC refers to the spread of the disease to international destinations as “Community Spread.” The term “Community Spread” implies that there are some people who do not know how or where they became exposed.
How Can the Coronavirus Disease Be Work-Related?
Currently, in the United States, per the CDC, COVID-19 cases include (1) imported cases in travelers, (2) cases among close contacts of a known case, and (3) Community-acquired cases where the source of the infection is unknown. Cases (1) and (2) would be the situations for which there could be work-related contact that can be proven. If an infection source is unknown, it would be extremely difficult to prove that it could be work-related. With respect to Safety and Law Enforcement Officers, if they qualify, would be able to use a presumption to prevail on a community-acquired case. This article will explain which presumption applies in this circumstance.
What is the Illness Severity?
Per the CDC, “[t]he complete clinical picture with regard to COVID-19 is not fully known. Reported illnesses have ranged from very mild (including some with no reported symptoms) to severe, including illness resulting in death. While information so far suggests that most COVID-19 illness is mild, a report external icon out of China suggests serious illness occurs in 16% of cases. Older people and people of all ages with severe underlying health conditions — like heart disease, lung disease and diabetes, for example — seem to be at higher risk of developing serious COVID-19 illness.”
What Are the Signs of Infection?
Per the World Health Organization (WHO), the “[c]ommon signs of infection include respiratory symptoms, fever, cough, shortness of breath and breathing difficulties. In more severe cases, the infection can cause pneumonia, severe acute respiratory syndrome, kidney failure, and even death.”
How Does One Know They Have Coronavirus Disease?
The CDC has a test kit “for severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).” It “is shipping the test kits to laboratories CDC has designated as qualified, including U.S. state and local public health laboratories, Department of Defense (DOD) laboratories and select international laboratories.”
How Does One Prevent Infection?
Per WHO, the “[s]tandard recommendations to prevent infection spread include regular hand washing, covering mouth and nose when coughing and sneezing, thoroughly cooking meat and eggs. Avoid close contact with anyone showing symptoms of respiratory illness such as coughing and sneezing.”
How Does One Have an Industrial Coronavirus Disease?
An industrial coronavirus disease infection would be one that occurs arising out of and in the course and scope of employment. Another means of an industrial coronavirus disease infection may be one obtained in which an injured worker contracted the disease while seeking medical attention for an existing industrial injury. For example, while treating in the hospital for a work-related broken arm, they become exposed to an infected patient at the hospital. As a result of that exposure, they contract the disease.
In order to prove an industrial case, one would have to succumb to the coronavirus disease. This would most likely require a diagnosis of the disease. Most likely, this would include positive testing for the disease. As noted, there is a test to prove whether one in fact as the disease. Therefore, this would be an important first step in proving an industrial injury. A positive test would be a valuable piece of evidence.
Second, since the disease is transmitted by human to human contact, there should be a history of the injured worker having some form of contact with someone infected with the coronavirus disease.
Third, there should be an expert medical opinion that within reasonable medical probability, more likely than not, that the transmission of the disease arose from industrial exposure. For example, if a worker was exposed to an infected co-worker but also was exposed by having three family members who were also exposed, the Doctor will have to make an in-depth analysis as to whether they believe the infection came from the work exposure.
Fourth, for CCSO members, if a presumption applies in this matter, the expert medical opinion should address the application of the presumption.
What Type of Workers’ Compensation Benefits Can One Receive?
If an industrial exposure is found, the full extent of workers’ compensation benefits would be available. This would include total temporary disability payments, medical treatment paid for by the insurance, permanent partial disability and death benefits. IDL benefits would apply.
What Type of Disease is Coronavirus?
For CCSO members, the characterization of Coronavirus Disease is important. This author contends that Coronavirus Disease should be considered as a form of Pneumonia. The following article supports this position. In the article. Early Transmission Dynamics in Wuhan, China, of Novel Coronavirus–Infected Pneumonia March 26, 2020 N Engl J Med 2020; 382:1199-1207 DOI: 10.1056/NEJMoa2001316 reports that “[t]he earliest cases were identified through the “pneumonia of unknown etiology.” The article refers to the Coronavirus Disease as “novel coronavirus (2019-nCoV)–infected pneumonia (NCIP.)”
Thus, it is contended that the Coronavirus Disease should be considered as a form of Pneumonia. As a result, the Pneumonia Presumption should apply.
What is the Law Enforcement and Safety Presumption That Should Apply to the Coronavirus Disease?
This author contends that the Pneumonia Presumption should apply to the Coronavirus Disease. Labor Code Section 3212.10 provides a Pneumonia Presumption “[i]n the case of a peace officer of the Department of Corrections who has custodial or supervisory duties of inmates or parolees, or a peace officer of the Department of the Youth Authority who has custodial or supervisory duties of wards or parolees, or a peace officer as defined in Section 830.5 of the Penal Code and employed by a local agency.”
What If I am Not a Correctional Officer, Can I still pursue a Claim?
There are CCSO members who work at institutions in areas which place them at risk for contracting the disease. Those working in the medical wards at the institutions are at high risk. If they become infected, they can file a claim. They, however, may not be afforded the presumption when their claim is assessed.
What If I Need Advice?
If you would like a “free” consultation concerning any workers’ compensation case, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We provide representation throughout the state. Our offices’ phone number is 310-664-9000.
New Office Hours
Since most of our mainline staff have begun working remotely, until further notice, the CCSO office will now have new operating hours Monday through Friday from 8:00 a.m. to 3:00 p.m. Please note that although a CCSO representative will be onsite to take your calls personally, we encourage more online communication during these difficult times. As we can respond more rapidly to your concerns. CCSO is here as we have always been. We know things are drastically changing day after day; just know that you’re not alone and you can reach out for help whenever necessary.
Take Care and Stay Safe ~