The Governor signed three executive orders today addressing liability issues related to COVID-19. The Governor was joined by House Speaker Matthew Shepherd and several members of the General Assembly who worked with the Governor to address the issues and avoid the need for a special session during the pandemic.
The orders address three issues:
Workers Compensation
Medical Immunity
Business Liability
The order regarding Workers Compensation includes the following :
Ø Assures coverage for employees.
Ø COVID-19 is considered an occupational disease under law.
Ø COVID-19 shall be an exception to prohibition on compensation for ordinary diseases of life.
Ø There must be a casual connections between employment and the disease.
The order regarding medical immunity includes the following:
Ø Health care workers and providers are authorized to use crisis standards of care to treat COVID-19 patients.
Ø Health care providers as emergency workers are immune from civil liability.
Ø Immunity does not extend to willful, reckless, or intentional misconduct.
The order regarding business liability includes the following:
Ø All businesses and their employees shall be immune from civil liability as a result of COVID-19 exposure.
Ø Immunity does not apply to willful, reckless, or intentional misconduct.
Ø A presumption that the actions are not willful or reckless if the business owner substantially complies with public health directives.
Ø Immunity does not extend to worker compensation benefits.
All orders extend through the health emergency.
The Governor expects cases to continue to rise and urges Arkansans to not let their guard down.