Florida’s Chief Financial Officer Mandates Workers’ Compensation for State Employees

1. Florida’s Chief Financial Officer, Jimmy Patronis, has issued Directive 2020-05 requiring workers’ compensation coverage for “frontline state employees” who contract COVID-19.

2. The Risk Management Department will now have to provide workers’ compensation coverage to frontline state employees who contract the virus.

3. Frontline state employees include law enforcement officers, firefighters, EMTs, corrections officers, healthcare workers, child safety investigators, and Florida National Guard members on active duty in response to the COVID-19 crisis.

4. The Florida Office of Insurance Regulation expects all insurers and regulated entities to provide workers’ compensation coverage to first responders, healthcare workers, and others who contract the virus due to work-related exposure.

5. The specific types of private employment employees covered by the information bulletin have not been articulated. 1. Florida employers are required to provide workers’ compensation coverage to all employees under Florida Statute 440.09.
2. Florida Statute 440.151 sets a high standard of proof for workers to receive compensation for occupational diseases.
3. Health care workers like doctors and nurses may meet the occupational disease test for COVID-19 exposure, but other workers’ eligibility is unclear.
4. There may be tension between Florida Statutes and recent directives on workers’ compensation for COVID-19.
5. There will likely be disputes over whether contracting COVID-19 is a compensable condition or an occupational disease.
6. The outcome of such disputes will depend on the specific facts and medical evidence for each employee. – The country is dealing with a pandemic that may last for some time.
– The question of whether an employee who contracts the virus during the course of employment will be resolved by the courts.
– Workers’ compensation insurers in Florida will need to address this issue soon.
– Until guidance is provided by the courts or the Office of Insurance Regulation, questions will remain unanswered.
– Employers and carriers should consult defense counsel if they have concerns about employees contracting COVID-19 or need advice on handling such claims.

FLORIDA’S CHIEF FINANCIAL OFFICER REQUIRES WORKERS’ COMPENSATION COVERAGE FOR FRONT LINE STATE EMPLOYEES