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Analyzing the Complexities of COVID-19 Workers' Compensation Claims in Florida

June 26, 2020

Hinshaw's Keith Howell and Kelli Evangelist recently authored an article titled "Exploring COVID-19 Workers' Compensation Liability of Florida Employers," published by the Daily Business Review (DBR). Howell and Evangelist review the difficulties claimants face when bringing a COVID-19-related workers' compensation claim, including the "higher burden of proving by clear and convincing evidence" that the disease is eligible for benefits under Florida's occupational disease theory. The authors suggest that this heightened burden of proof may account for the decrease in workers' compensation filing rates.

Howell and Evangelist also discuss an OSHA memo which provides examples of when a virus-infection is work-related and when it is not. In closing, the authors note that while lawyers and activists are lobbying to expand protections for essential employees, Florida employees must continue to meet the more stringent clear and convincing evidence burden when bringing any COVID-19-related workers' compensation claims.

Read the full article on the DBR website (subscription may be required)

"Exploring COVID-19 Workers' Compensation Liability of Florida Employers," was published by the Daily Business Review on June 10, 2020.

Hinshaw & Culbertson LLP is a U.S. based law firm with offices in 11 states and London. The firm's national reputation spans the insurance industry, the professional services sector—including representation of law firms and lawyers—and other highly regulated industries, such as banking and finance and the debt collection sector. Hinshaw also provides a series of closely coordinated litigation, business advisory and transactional services to clients of all sizes as well as governmental and public sector entities.