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Articles Tagged with Workers’ Compensation

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pexels-burst-544965-300x200Owner Everardo Borettini of EFC Construction Corporation faces charges of fraud for a scheme to avoid paying workers’ compensation premiums. Borettini, who pled not guilty in Dade County after being arrested on September 23, 2020, is being charged with grand theft, organized scheme to defraud, and workers’ compensation premium fraud. He faces 25 years in prison or more.

The investigation into the case was carried out by the Florida Bureau of Investigative and Forensic Services, Division of Workers’ Compensation Fraud. Borettini had claimed only $68,648, or 4% of his payroll, when the company had actually more than $1.5 million payroll. The difference of $95,000 in premiums could have placed his employees in jeopardy when attempting to file workers’ compensation claims in the future.

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pexels-photo-3902881-300x200As businesses across the U.S. continue to deal with the impact of the coronavirus pandemic, a lot of employers have begun wondering what kind of liability they might face from claims that employees contracted the coronavirus at work. What would an infection mean for workers’ compensation law? California Gov. Newsom provided an answer to that question for employers in his state with the recent signing of an executive order that provides new presumption for COVID-19 diagnosis.

According to Executive Order N-62-20, a worker’s coronavirus-related illness will be presumed to arise out of and in the course of employment for purposes of awarding workers’ compensation benefits. An employee can make a claim as long as they test positive for the coronavirus within 14 days of performing “labor of services” at their workplace. The presumption doesn’t apply if the employee worked from home.

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pexels_corona_123-300x199A group of retailers and manufacturers in Illinois filed a lawsuit this week against an emergency rule change to the state’s workers’ compensation laws.

The Illinois Workers’ Compensation Commission passed the emergency rule last week after it was requested by Gov. J.B. Pritzker. The amendment requires the employers of first responders and other essential employees to pay workers’ compensation benefits to workers who test positive for COVID-19, assuming the worker contracted the virus on the job.

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pexels-photo-3952234-300x200A new analysis released Monday by the Florida-based National Council on Compensation Insurance (NCCI) speculates that workers’ compensation premiums in the U.S. will likely drop as employment declines and businesses fail due to the novel coronavirus (COVID-19) pandemic.

The NCCI analysis, titled Economic Impacts of Coronavirus on Workers Compensation, examines how the COVID-19 pandemic will affect the workers’ compensation insurance system in the U.S.

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pexels-photo-3902881-300x200The Occupational Safety and Health Administration (OSHA) has issued interim guidance for enforcing its recordkeeping requirements for cases of the novel coronavirus (COVID-19) that occur in workplaces.

The guidance clarifies under what circumstances non-essential employers in low-risk industries (e.g. construction) should record a case of COVID-19 on a job site as an illness, since it can be difficult for those employers to determine whether workers who contract the virus did so due to exposure at work.

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