Communicable diseases such as the coronavirus (COVID-19) pose risks to the U.S. workforce as well as employees throughout the world. If Pennsylvania employees become infected, become exposed without being infected or develop psychological consequences from either situation, Pennsylvania employers could face wage-loss claims, medical claims, testing claims or claims for psychiatric services or disability under the Pennsylvania Workers’ Compensation Act. The question is, are any or all of these claims actually compensable under the act?

Considering that COVID-19 was officially recognized on Feb. 11, by the World Health Organization, (WHO) Pennsylvania workers’ compensation judges, the Pennsylvania Workers’ Compensation Appeal Board and the Pennsylvania appellate courts have not rendered any specific rulings on the issue. Therefore insurance carriers, third-party administrators and risk managers must rely upon precedent, similar cases and relevant fact patterns to develop case-management strategies, to address the issues as they arise and to develop reasonable prevention strategies.

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