Put it in Practice November 2021: Monthly Tips for Florida WC Professionals

ARE EMPLOYERS RESPONSIBLE FOR REACTIONS TO VACCINES?  Frequently, employers are recommending and even requiring COVID-19 vaccinations for employees.

Compensability has been driven the past 20 years by Monette v. Manatee Memorial Hosp., the 1991 DCA decision that held an adverse reaction to an employer-sponsored flu vaccine was compensable.

Monette still holds today when employees are required to vaccinate by their employers, but after Sedgwick CMS v. Valcourt-Williams, a gray area exists for employees who were vaccinated at their employer’s recommendation, (course & scope) or their own personal initiative (personal comfort doctrine).

There is not enough analysis available yet to indicate how JCCs will rule, but we can tell you:

• If the employer recommends the vaccine and the claimant is a healthcare worker, the E/C will have an uphill battle to fight.
• Employees who are NOT required to vaccinate may still find their “injuries” (i.e. adverse reactions) compensable if they can show

1. their employment necessarily exposed them to conditions that would substantially contribute to the risk of injury
2. to which the claimant would not normally be exposed during his nonemployment life.”

This is evolving territory for all of us.  Please feel free to reach out to one of us at HR Law with your questions.

This month’s author is Evan Heffner. Questions? eheffner@hrlawflorida.com