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Workers' Compensation and Employer Liability Newsletter - Spring 2021

The Compensability of COVID-19 in Workers’ Compensation Cases: A General Analytical Roadmap by Stephen D. Palmer - As of today, more than 8,850,000 people have contracted COVID-19 in the United States, more than 225,000 Americans have died from the virus, and this week we added more than 70,000 new cases. Needless to say therefore, the disease continues to spread, this historic episode is not coming to a close in the foreseeable future, and there is a conceivable crush of workers’ compensation COVID-19 litigation coming. This brief article lays out a basic roadmap that practitioners (on both sides of the aisle) can use in analyzing the compensability of COVID-19 cases in their respective states and is mainly illustrated by the substantive law pulled from my home jurisdiction, Alabama.

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