State Supreme Court Upholds Rebuttable Presumption for Teachers Who Contracted COVID-19
Many workers’ compensation claims clearly stem from one incident, such as a machinery accident or a fall that occurs on the job. On the other hand, there are certain conditions that might, or might not, be connected to an individual’s work. Tracing the origin of illnesses or physical problems that develop over time can be much more complicated. In certain situations where a condition is associated with a particular job, states will establish rebuttable presumptions stating that if someone in that job contacts that condition, it will be presumed to be work-related unless proven otherwise.
During the COVID-19 pandemic, millions of people across the United States switched to home-based work. This was not possible for first responders and people in other positions that required in-person contact. Accordingly, then-Governor Murphy issued an executive order stating that if someone classified as an “essential worker” contracted COVID-19 during the emergency, there would be a rebuttable presumption that they caught the virus on the job. This would make them eligible for workers’ compensation benefits.
Denise Amato was a teacher in the Ocean Township School District. After several months working remotely due to the pandemic, the district ordered her and her colleagues to return to work in February 2021. After returning, she caught the virus, which triggered severe respiratory problems that eventually led to her May 2021 death. Amato’s widower, Guiseppe, sought workers’ compensation benefits, asserting that she qualified for the presumption as an essential employee. The Ocean Township School District contested the claim, arguing that she did not contract the illness on the job and did not fit the criteria for the rebuttable presumption.
The New Jersey Supreme Court affirmed the Appellate Division decision that Denise Amato was an essential employee and that her dependent widower was entitled to the rebuttable presumption. One factor cited for this holding was the federal Cybersecurity and Infrastructure Security Agency’s COVID-19 guidance listing teachers as essential employees. Likewise, the state’s Department of Health prioritized “education and child-care workers” for vaccinations due to the importance of their jobs.
If you or a loved one developed a medical condition that might be job-related, it’s important to speak with a knowledgeable workers’ compensation attorney to understand what needs to be shown in order to obtain benefits.
Kevin T. Kutyla, Esq., with offices in Succasunna and Newton, represents New Jersey clients in all types of workers’ compensation matters. Please call 973-940-8970 or contact me online to schedule an appointment at either my Morris or Sussex County location.