By Barbara E. Ungar, Esq.
As attorneys, our wellness and that of our fellow members of the bar and bench are of paramount importance. On Jan. 30, 2020, the World Health Organization (WHO) declared a public health emergency due to the outbreak of the coronavirus (COVID-19). On March 9, 2020, by Executive Order No. 103, Gov. Philip Murphy similarly declared a state of emergency concerning the spread of COVID-19. Our court system in New Jersey has been impacted and the practice of law in our courts system has been modified by the courts through numerous Omnibus Orders issued by New Jersey Supreme Court Chief Justice Stuart Rabner to address the needs of the members of New Jersey bench, the bar and the public.
While the vast majority of the population that has been infected by the virus have recuperated, individuals continue to suffer ongoing and debilitating symptoms from being infected by COVID-19 and are now being considered long-haulers by the medical community. The CDC on its website defined post-COVID conditions as health issues that persist more than four weeks, after being infected with the COVID-19 virus. Statistics have shown that about 10% of the infected population have long COVID symptoms from the coronavirus. Those symptoms can range from medical conditions impacting one’s physical health and wellbeing to one’s psychological health, according to the CDC. CDC Website. Post Covid Conditions (Updated April 8, 2021).
The long-haulers condition, called long COVID, has remained somewhat of a mystery to the medical community. As individuals have continued to be infected by different strains of the virus and recuperated, the long term effects of the virus differ from person to person. Many individuals continue to suffer long lasting symptoms from the COVID-19 virus, that continue to substantially impact their daily living.
There have been a number of medical studies conducted and other medical studies underway by the National Institute for Health about the cause of the symptoms of the long haulers and the recommended treatment for the long haulers symptoms.
Dr. Francis Collins, Director of NIH. Citizen Scientists Take on the Challenge of Long Haul COVID 19 (September 3, 2020); Trying to Make Sense of Long COVID Symptoms (January 19, 2021); NIH Launches a New Initiative to Study Long Covid (February 23, 2021); Predicting Long Covid Syndrome with the Help of a Smartphone App (March 23, 2021).
Mount Sinai Hospital in New York City was the first hospital to create a post covid recovery clinic to study the long-haulers symptoms and to determine methods of treatment. Since that time, there are currently a number of post covid recovery clinics in New Jersey, that have been created. Many of the New Jersey hospitals that have created post-covid recovery clinics focus not only on the long-hauler symptoms, diagnosis and treatment for the symptoms, but also focus on the path of wellness through a multidisciplinary approach by the medical team of specialists.
Treatment of long-haulers has consisted of testing, monitoring the symptoms and recommendations for all types of rehabilitation. Rehabilitation consists of physical, occupational and speech therapy and in some instances, cardiac and pulmonary rehabilitation and cognitive rehabilitation for post covid care from the virus.
In considering the wellness of our members within the legal community during national Well-Being in the Law Week, May 3-7, it is important to be knowledgeable about the resource list available in New Jersey through the New Jersey State Bar Association.
As a legal community, we need to advocate for our wellness and the wellness of the public at large. The Cares Act of 2020 provided financial and other relief to those individuals and families impacted by COVID-19. Thereafter, the Families First Response Act of 2020 provided guidance as to tax credits to employers for sick leave benefits and family leave benefits mandated to be paid to employees impacted by COVID-19 under the Federal Family and Medical Leave Act through Dec. 31, 2020. The American Rescue Plan Act of 2021 extended the payroll tax credits to employers for sick leave and family leave benefits voluntarily paid to those employees impacted by COVID-19 through Sept. 30, 2021.
Long COVID is not clearly defined under the provisions of the Cares Act of 2020 and under the Family First Coronavirus Response Act of 2020 and its extension of the Act in 2021. Legislation is therefore necessary to further clarify payment of benefits to employees and tax credits to employers for benefits paid for long-term symptoms from COVID-19 under these acts.
Additionally, since the disability laws have not yet addressed long COVID as a condition, legislation is necessary to support the funding and the expansion of medical research in the medical community of this condition and to establish a basis for short-term and long-term disability for those individuals that suffer with long-term conditions from COVID-19. Further, since long COVID is not yet recognized as a condition for accommodations under the Americans for Disabilities Act, legislation is also necessary to address reasonable accommodations for those individuals that continue to suffer from the long-term effects of COVID-19 in the workplace.
Finally, since the medical community is in the process of collecting data to research and study the condition and its treatment, collaboration between the legal community and the medical community and advocacy to combat the long-term effects of the virus is necessary. An alliance has been established to address the nationwide needs of the long-haulers suffering from long COVID. www.longcovidalliance.org.
Barbara Ungar, Esq., is a solo practitioner with a general practice located in Edison, New Jersey and the past chair of the Municipal Court Practice Section; the past chair of the Criminal Law Section and a member of the wellness committee of the New Jersey State Bar Association. For more information about post-COVID resources, you may contact the Law Office of Barbara Ungar, 168 U.S. Highway Route 1 North, Edison, N.J. (732) 828-8700 or via the law firm website at www.ungarlawyernj.com.