Florida’s Office of Insurance Regulation issued a memorandum on April 6 to provide guidance on workers’ compensation issues related to COVID-19. The memo states, “First responders, health care workers and others that contract COVID-19 due to work-related exposure would be eligible for workers’ compensation benefits under Florida law See Section 440.151, Fla Statute” the statute otherwise known as Florida’s occupational disease theory. Still, the complexities of determining whether the virus was work-related are a difficult challenge claimants must face when bringing a COVID-19-related workers’ compensation claim.

Workers who have contracted COVID-19 face a higher burden of proving by clear and convincing evidence that the disease meets the requirements of Florida’s occupational disease theory, governed by Fla. Stat. Section 440.151.

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