Labor and Public Employees Committee
JOINT FAVORABLE REPORT
Bill No.: HB-6478
Title: AN ACT CONCERNING WORKERS' COMPENSATION.
Vote Date: 3/25/2021
Vote Action: Joint Favorable Substitute
PH Date: 3/11/2021
File No.:
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
Labor and Public Employees Committee
REASONS FOR BILL:
Essential workers have been heavily relied upon throughout the course of the COVID-19
pandemic to ensure that Connecticut's basic economic needs, such as healthcare, food
production and distribution, emergency services, and more, are adequately met. This reliance
has revealed the invaluable nature of these workers to the basic functioning of our society,
while simultaneously placing them at the greatest risk of contracting COVID-19. These
workers, now considered essential, also generally receive low pay and poor or nonexistent
benefits in exchange for fulfilling these socially invaluable positions.
RESPONSE FROM ADMINISTRATION/AGENCY:
STEPHEN MORELLI, CHAIRMAN, WORKERS' COMPENSATION COMMISSION
Stephen testified on behalf of the Workers' Compensation Commission on subsection (f) of
section 4 of the bill. Regarding item 2, Stephen testified that the requirement may result in
more information being requested and processed from these entities, which may require the
WCC to adopt new processes to provide the information in a manner which is useful to the
committee. Regarding item 4, Stephen requested some clarification on when a claim would
be considered "contested." Regarding item 9, Stephen again requested further clarification as
to what constitutes the timeframe of a claim being adjudicated. The commission is always
happy to work with the committee to report any information they have which may be useful.
NATURE AND SOURCES OF SUPPORT:
BOB FERNANDEZ, SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 32BJ
Bob testified on behalf of Local 32BJ of the SEIU in calling for the establishment of a worker's
compensation presumption for COVID-19. Essential workers have risked exposure to the
virus through their work in keeping society functioning during the pandemic. They were forced
to choose between protecting themselves or putting food on the table. Without this COVID-19
presumption, employers can deny benefits and force workers to wait through a backlogged
appeals process.
STEPHEN ANDERSON, PRESIDENT, CSEA SEIU LOCAL 2001
Stephen testified on behalf of CSEA SEIU Local 2001 that the worker's compensation
presumption for COVID-19 would allow essential workers to qualify for benefits if/when
they're unable to work due to a COVID-19 diagnosis. Without it, workers may be required to
sacrifice accrued sick time, pay for their treatment, and contend with wage losses while
navigating a lengthy appeals process.
JODY BARR, EXECUTIVE DIRECTOR, COUNCIL 4 AFSCME
Jody testified on how unconscionable it is that workers who contracted COVID while on the
job are having their benefits delayed by employers who care more about saving some money
than the sacrifice and well-being of their employees.
DEBBIE BERKOWITZ, WORKER SAFETY AND HEALTH PROGRAM DIRECTOR,
NATIONAL EMPLOYMENT LAW PROJECT
Debbie testified to the statistics bearing out that essential workers are at far higher risk of
contracting COVID-19 than non-essential workers. There have been examples in the past of
established worker's compensation laws being inadequate to meet worker's needs as they
evolve over time.
JOHN BRADY, EXECUTIVE VICE PRESIDENT, AFT CONNECTICUT
John testified on how the current Workers' Compensation system places the burden of proof
on the injured party and that almost all COVID-19 claims are, at least initially, denied
requiring an attorney to appeal. These delay tactics utilized by employers inflict psychological
harm on the victims and discourage other from filing new cases. Employees of non-union
hospitals claims may go unreported or be dropped upon the initial denial.
KAREN BROWN, VERNON
Karen testified to her experience in contracting COVID-19 from a patient in the course of her
employment, the debilitating effects on her health, both at the time and long-term, and the
difficulties in fighting the government and her employer to receive the basic assistance she so
desperately needs.
RALPH BUCCITTI, UNION BUSINESS AGENT, AMALGAMATED TRANSIT UNION
LOCAL 281
Ralph testified to the union's experience and difficulties operating as essential workers in a
dangerous environment during the pandemic. The bill would shift the burden of proof in
COVID-19 workers' compensation claims, through the rebuttable presumption, onto the
employer. The presumption assumes that the worker contracted COVID-19 in the course of
their employment, while allowing employers to prove otherwise.
JAMES CASE, CWA LOCAL 1298
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James testified to his personal experience in contracting COVID-19 through the course of his
employment. A rebuttable presumption in worker's compensation for COVID-19 would protect
essential employees like James from potentially catastrophic consequences to their health
and financial stability.
CAMERON CHAMPLIN, PLUMBERS AND PIPEFITTERS LOCAL 777
Cameron testified on behalf of Plumbers and Pipefitters Local 777 that the rebuttable
presumption shifts the burden of proof in workers' compensation claims off of the employee
and onto the employer. They believe that this should be the case for all workers'
compensation claims since most employees are not knowledgeable, or financially secure,
enough to fully fight for what they deserve and are often forced to agree to lesser awards so
they can meet their bills.
ERIC CHESTER, WORKERS COMPENSATION ATTORNEY
Eric testified that the bill would help to improve the workers compensation system towards
further preserving and advancing the rights of workers who are injured or become ill at work.
The rebuttable presumption for COVID-19 helps to address the harm caused to claimants by
delays. With the presumption, an employee who contracted COVID-19 at work will be entitled
to benefits no later than 38 days from filing the claim, which is still a long time for them to wait
but is still an impactful improvement.
CARL CHISEM, PRESIDENT, CONNECTICUT EMPLOYEES UNION INDEPENDENT, SEIU
LOCAL 511 & MUNICIPAL EMPLOYEES UNION INDEPENDENT, SEIU LOCAL 506
Carl testified that the bill would help to restore the dignity essential workers deserve. Many
provisions of this bill are necessary. Making this bill law is the least we can do for the workers
who put themselves and their family's health at risk for so long. All workers deserve dignity,
respect and fairness, no matter their job title.
DALE CUNNINGHAM, PRESIDENT, LAWRENCE & MEMORIAL REGISTERED
PROFESSIONAL NURSES AFT LOCAL 5049
Dale testified to the difficulties faced by the union throughout the pandemic caused by their
employers. The union was not included in decisions regarding working conditions or hours of
work. Union members were told by management that because the virus was so prevalent,
they could not claim they had contracted it at work.
LISA EMMER, CNA, HARRINGTON COURT NURSING HOME
Lisa testified to her experience in contracting COVID-19 through work, her difficulties in
navigating the workers' compensation system during the pandemic, and ultimately being
denied benefits despite Chattam Healthcare's contact tracing claiming her infection was at
work. Chattam claimed her employers knew that she contracted the virus while at work but
couldn't state that in writing without violating HIPA laws.
SARAH GANONG, CAMPAIGNS DIRECTOR, CONNECTICUT WORKING FAMILIES
Sarah testified on behalf of the Connecticut Working Families that the bill will protect
essential workers from bearing the financial burdens associated with contracting COVID-19
at work. This bill is even more urgent as the Governor plans to lift many safety restrictions in
workplaces and essential workers have been denied priority access to vaccines, especially
younger workers.
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MADELINE GRANATO, POLICY DIRECTOR, CONNECTICUT WOMEN'S EDUCATION
AND LEGAL FUND
Madeline testified on behalf of the CWEALF that it is nearly impossible for a worker to prove
where and how they contracted COVID-19 because of how easily it spreads. However, as a
result of restrictions of public gatherings and non-essential activities, it's likely the worker was
infected on the job. Without the bill's rebuttable presumption workers are forced to rely on
their own accumulated sick time, pay for treatment, and risk their income while navigating a
lengthy appeals process.
RICK HART, DIRECTOR OF LEGISLATIVE AND POLITICAL AFFAIRS, UNIFORMED
PROFESSIONAL FIREFIGHTERS ASSOCIATION OF CONNECTICUT
Rick testified on how the essential workers he represents didn't have the luxury of working
from home. They must continue to do their jobs just as they always have, with or without
personal protective equipment. This is not a facetious request. These essential workers risk
themselves and their families every day when they go to work to keep our state functioning.
ED HAWTHORNE, PRESIDENT, WESTERN CONNECTICUT AREA LABOR FEDERATION
AFL-CIO
Ed testified that the rebuttable presumption gives essential workers a fighting chance at
receiving fair workers' compensation benefits when they contract COVID-19 at work. Section
2 of the bill, which prevents employers from firing or disciplining employees for filing workers'
compensation claims or deliberately misinforming or dissuading them from doing so, also
helps in providing essential workers a fighting chance to receive the benefits they're entitled
to.
KERI HOEHNE, EXECUTIVE VICE PRESIDENT, UNITED FOOD AND COMMERCIAL
WORKERS UNION LOCAL 371
Keri testified that the bill would protect essential workers, like the ones she represents, from
suffering the financial hardship of contracting COVID-19 at work. She testified to the issues
their members experienced and that this could be addressed by the bill's rebuttable
presumption.
SEAN HOWARD, PRESIDENT, AFSCME LOCAL 387
Sean testified on behalf of AFSCME Locals 387, 1565, and 391 that many correctional staff
and offenders have contracted COVID-19 within the past year, including him. Sean testified
on the long-term effects of his illness. COVID left him with a heart condition which causes
fatigue and shortness of breath. A rebuttable presumption would go a long way in helping him
and other members.
ANIECE JONES, LPN, AUTUMN LAKE BUCKS HILL
Aniece testified to her personal experience as a result of contracting COVID-19. Aniece is
asthmatic, was hospitalized, and dealt with debilitating health conditions as a result of her
illness. She felt as if she wasn't properly cared for after caring for so many others at work, like
her employer and the state had turned their backs on her, and like all the talk of "protecting
our heroes" was a ruse.
DANIEL LIVINGSTON, CHIEF NEGOTIATOR, STATE EMPLOYEES BARGAINING
AGENT COALITION
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Daniel testified on behalf of SEBAC that frontline state workers contracted COVID-19 at a
higher rate than the general public and concluded that they were at higher risk due to their
essential status. The Governor's Executive Order 7JJJ, which established a rebuttable
presumption for cases which experienced exposure between March 10 and May 20, 2020,
was a good first step in addressing the issue, but was necessarily timebound. This legislation
is necessary to protect these workers.
SAL LUCIANO, PRESIDENT, CONNECTICUT AFL-CIO
Sal testified on the many difficulties faced by essential workers as a result of the pandemic,
and how the current law and workers' compensation system is failing to meet their basic
needs. The rebuttable presumption would help to assuage these issues and is unlikely to
raise costs for employers. The increased burial benefit is helpful as well. They asked the
committee to make two additions to the bill. One would ensure that those who died of COVID
would also be covered by the presumption, not just those who were unable to work, and the
other would make the presumption retroactive to provide the intended assistance to essential
workers.
LISA MARQUIS, CNA, DAVIS PLACE NURSING HOME
Lisa testified on her personal experience in contracting COVID-19 through work, the effects
of the illness on her health, both immediate and long-term, and the effects on her financial
stability. She's attempted to file for workers' compensation benefits through her employer,
although the employer claims they never received her form and she fears she will ultimately
be denied. This bill helps to amend the situation and begins to care for our essential
healthcare workers the way they care for us.
DEBORAH MCKENNA, VICE PRESIDENT, CONNECTICUT EMPLOYMENT LAWYERS'
ASSOCIATION
Deborah testified on behalf of CELA that the limited implementation of a COVID-19 rebuttable
presumption for workers' compensation was a good start but was ultimately too narrow of a
timeframe. This bill would extend the presumption for the duration of the public health
emergency. Employers may still contest a claim, but the presumption shifts the burden of
proof from the employee to the employer.
RONALD MCLELLAN, CONNECTICUT AFL-CIO SAFETY COMMITTEE
Ronald testified that many of the workers who were deemed essential are also the lowest
paid and least protected workers in the state. The rebuttable COVID-19 presumption moves
the burden of proof onto the employer, assuming the employee contracting COVID while at
work unless the employer can prove otherwise. The timeframe of the Governor's Executive
Order which established a presumption was too narrow, and now the Governor plans to lift
most safety restrictions in many workplaces.
JOHN MURPHY, UNITED AUTO WORKERS LOCAL 376
John testified that Section 1 of the bill expands workers' compensation benefits to workers
who've lost function of a member or limb, which is an issue some of John's previous co-
workers are forced to deal with. Section 2 offers sorely needed protections for workers
attempting to file a worker's compensation claim. Section 4 extends the COVID-19 rebuttable
presumption to protect all essential workers. Section 5 raises the burial benefit and is sorely
overdue.
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ROCHELLE PALACHE, DISTRICT DIRECTOR, SERVICE EMPLOYEES INTERNATIONAL
UNION 32BJ
Rochelle testified on behalf of Local 32BJ of the Service Employees International Union that
the bill would alleviate some of the pandemic-related stress endured by essential workers by
establishing a rebuttable workers' compensation presumption for COVID-19. Their
membership, especially commercial cleaners, have been performing the necessary work
throughout the pandemic which allows everyone else to stay home.
PAMELA PUCHALSKI, PROJECT COORDINATOR, CONNECTICOSH
Pamela testified that the bill addresses numerous issues which make it more difficult for an
injured worker to recover from a workplace injury or illness. The bill opens employers who
willfully interfere with a worker's right to file a workers' compensation claim to civil litigation.
Pamela expressed concern that Section 3 may negatively impact the number of medical
providers willing to take on patients with a workplace injury or illness. ConnectiCOSH
supports the rebuttable presumption outlined in Section 4, and the increase in burial benefits
detailed in Section 5.
MICHAEL QUINN, REPRESENTATIVE, CONNECTICUT GENERAL ASSEMBLY
Michael testified in strong support of the rebuttable presumption for COVID-19, likening it to a
bill he previously introduced, HB 6277. Unfortunately, the deaths caused by the virus are only
the beginning of the long-term harm it will cause. For some, the disease may carry long-term
debilitating effects. This bill is imperative in protecting those who put their lives at risk to
perform essential duties.
JEFF REIMER & DEREK PUORRO, PRESIDENT & LEGISLATIVE CHAIRMAN, COUNCIL
4 AFSCME PUBLIC SAFETY COUNCIL
Jeff and Derek submitted joint written testimony stating that the bill protects workers from
employers who drag their feet or try to avoid their responsibility in assisting workers whose
exposure was almost assuredly on the job. Specialized risk and essential workers have
suffered higher COVID infection rates than other workers.
KATHLEEN RINKES, INTENSIVE CARE UNIT REGISTERED NURSE, LAWRENCE &
MEMORIAL HOSPITAL
Kathleen testified to her personal experience in contracting COVID-19 through work,
spreading it to her family, and applying for and being denied workers'' compensation benefits.
Contracting COVID wasn't only scary because of concern for her health, but also her financial
situation. This bill's rebuttable presumption is an important provision which helps support
workers like Kathleen.
DAVID ROCHE, PRESIDENT, CONNECTICUT STATE BUILDING AND CONSTRUCTION
TRADES COUNCIL
David testified on behalf of the CSBT Council that construction workers are familiar with the
workers' compensation system, yet still face difficulties in claiming benefits for COVID-19.
Section 4 alleviates these issues by extending the rebuttable workers' compensation
presumption for COVID-19 to cover the full duration of the public health and civil
preparedness emergency.
JAMES ROOT, DANBURY
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James testified to his experience as an essential worker in support of the bill's rebuttable
presumption. Helping these workers is the right thing to do. However, the state should take
on the weight of the added workers' compensation costs rather than businesses, particularly
small ones, whenever possible.
NATHAN SHAFNER, CHAIRMAN, WORKERS' COMPENSATION SECTION,
CONNECTICUT TRIAL LAWYERS ASSOCIATION
Nathan testified on behalf of the CTLA in strong support of Section 1, which extends the
maximum duration of workers' compensation discretionary benefits. The CTLA also supp