A Message to DEA Members from Our Disability Attorneys Regarding Positive Antibody TestsMay 1, 2020
Documenting Potential COVID-19 Exposure at Work
We would like to take this opportunity to provide updated guidance with regard to filing LOD paperwork documenting COVID-19 exposure. Recent CDC guidance confirms that antibody testing may reveal previous asymptomatic infection. We do not know what the future holds, and whether those who test positive for antibodies may suffer from harm down the road. Accordingly, our advice is that any member who tests positive for the COVID-19 antibody, even if otherwise unaware of having been infected, should document his or her potential exposure.
In an effort to protect your potential pension rights, members should prepare as many Department documents as they can confirming the circumstances under which they may have been exposed at work. This includes making detailed and accurate entries in memo books, activity logs, command logs, and LOD Injury reports. Please retain copies of any documents that you prepare, as our experience after 9/11 has shown that the Department cannot be relied on to produce those records. Taking pictures of these documents and emailing them to yourself should be adequate, as long as the images are legible and include sufficient information.
Members should document when they are directly in the presence of, or in contact with, both other members and citizens who exhibit symptoms of the Coronavirus. Members may become symptomatic while at work or at home, but it is important to document any potential exposure at work to protect your entitlement to benefits.
Ungaro Cifuni & Jaffe