Executive Order No. 7JJJ

The record

Jurisdiction

Connecticut (Governor; binding employers, insurers and workers' compensation commissioners) · Connecticut

Level

State

Authority

Conn. Gen. Stat. 28-9(b)

Issued

2020-07-24 July 24, 2020

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 (read as 2020-07-24)

End

Claims rule for the March 10-May 20, 2020 window. (read as 2021-09-30)

In force

July 24, 2020 to Sept. 30, 2021

Quarters

2020 Q32020 Q42021 Q12021 Q22021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Workplace rulesOther

Addressees

• every employer and workers'-compensation insurer in Connecticut
• workers' compensation commissioners

Functions reached

• HR and WF for every employer whose employees worked on site March 10-May 20, 2020, and specifically 'essential' employers under EO 7H after April 6, 2020 (presumptive compensability)
• OP claims handling and rebuttal burden
• CB (insurers)

Collection

State utilities, housing and agriculture agencies AGY-ST-UTILITIES-HOUSING-AG

Operative words

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's 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' 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

Notes