{"id":"AGY-ST-UTILITIES-HOUSING-AG-071","kind":"order","level":"state","jurisdiction":"Connecticut (Governor; binding employers, insurers and workers\u0027 compensation commissioners)","state":"CT","metro":"","industry":"","agency":"ST-UTILITIES-HOUSING-AG","eco":"","issuer":"Governor Ned Lamont","authority":"Conn. Gen. Stat. 28-9(b)","instrument":"Executive Order No. 7JJJ","title":"Protection of Public Health and Safety During COVID-19 Pandemic and Response - Rebuttable Presumption Regarding Workers Compensation Benefits Related to Contraction of COVID-19","dateIssued":"2020-07-24","effective":"2020-07-24 (Dated at Hartford this 24th day of July, 2020); applies to claims for absences between March 10 and May 20, 2020","end":"Claims rule for the March 10-May 20, 2020 window.","startDate":"2020-07-24","endDate":"2021-09-30","quarters":["2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["EMP","OTHER"],"addressees":["every employer and workers\u0027-compensation insurer in Connecticut","workers\u0027 compensation commissioners"],"clause":"1. Rebuttable Presumption of Eligibility for Workers Compensation. (a) Notwithstanding Section 31-275(15) of the Connecticut General Statutes, there shall be a rebuttable presumption that an employee who initiates a claim for payment of benefits under the provisions of Chapter 568 of the Connecticut General Statutes, and who missed a day or more of work between March 10, 2020 and May 20, 2020, inclusive, due to a diagnosis of COVID-19, or due to symptoms that were diagnosed as COVID-19, contracted COVID-19 as an occupational disease arising out of and in the course of employment, provided: i. 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; ii. 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; iii. 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\u0027s assistant, or licensed advanced practice registered nurse... (c) The presumption in subsection (a) of this section may be rebutted only if the employer or insurer demonstrates to a workers\u0027 compensation commissioner by a preponderance of the evidence, that the employment of the individual was not the cause of his or her contracting COVID-19.","enforcement":"Conn. Gen. Stat. ch. 568 (Workers\u0027 Compensation Commission); 28-22 (violation of emergency orders)","functions":["HR and WF for every employer whose employees worked on site March 10-May 20, 2020, and specifically \u0027essential\u0027 employers under EO 7H after April 6, 2020 (presumptive compensability)","OP claims handling and rebuttal burden","CB (insurers)"],"notes":"The order\u0027s conditions embed the Connecticut orders themselves: the presumption turns on whether the employee \u0027had not received an offer or directive from said employer to work from home\u0027 and, after April 6, 2020, on the employer\u0027s \u0027essential\u0027 designation under EO 7H. The Governor recites that \u0027health care professionals, grocery store clerks, first responders and other essential workers\u0027 are the intended beneficiaries.","sourceUrl":"https://portal.ct.gov/-/media/Office-of-the-Governor/Executive-Orders/Lamont-Executive-Orders/Executive-Order-No-7JJJ.pdf","snapshot":"","fileExists":true,"fileBytes":206159,"grade":"primary","character":"","description":"","collection":"AGY-ST-UTILITIES-HOUSING-AG","url":"/library/AGY-ST-UTILITIES-HOUSING-AG-071","exhibitUrl":"/exhibit/AGY-ST-UTILITIES-HOUSING-AG-071","citation":"Governor Ned Lamont, Executive Order No. 7JJJ (July 24, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-071)","stateName":"Connecticut","related":["DUT-CT-004"]}