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Zika Can Be Compensable, but Virus Carries Heavy Burden of Proof

By J. Todd Foster (Reporter)

Wednesday, August 3, 2016 | 0

Workers bitten on the job by Aedes mosquitos and contracting the Zika virus would be covered under workers’ compensation in Florida, but the state’s “clear and convincing evidence” burden makes it virtually impossible for them to receive compensation, experts say. Zika cases would be adjudicated based on the occupational disease theory found under Florida Statute 440.151 and would be treated like any other occupational disease, including hepatitis, black lung or cancer, a compensation judge said. “It’s a difficult burden of proof,” said David Langham...

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