Did Nurse’s ‘Plandemic’ Comments Justify Ending Benefits for Long-COVID?

What Do You Think?

Philadelphia, PA (WorkersCompensation.com) -- Employees receiving workers’ compensation benefits due to COVID-19 sometimes seek to extend those benefits based on symptoms of “long-COVID.” 

It can be hard for doctors to objectively diagnose long-COVID. A case involving a registered nurse who contracted the virus in the hospital where he worked sheds light on the types of evidence that may indicate whether or not benefits should continue.

The registered nurse claimed to have long-COVID symptoms such as piercing headaches, dizziness, fatigue, brain fog, difficulty sleeping, and crushing depression. He had trouble balancing and would sometimes have to use the wall for balance, he said.

Video surveillance footage taken at the time showed him driving his car to multiple locations, shopping, removing a large object from his vehicle, and doing yard work.

Ironically, the nurse also posted statements on social media that COVID was exaggerated and a hoax perpetrated by the government. He called it, among other things, the “plandemic.” He later explained at a deposition that he was "kind of a bomb thrower" and that he would post things "just to get a laugh.” His lawyer never objected to the evidence being introduced.

A workers’ compensation judge terminated his benefits, citing both the video footage and the social media posts. The judge also relied on an independent medical examiner, who, after examining the nurse and viewing the video and social media posts, concluded that the nurse had fully recovered. Finally, the judge noted that the nurse was licensed to practice law in two states.

The Workers' Compensation Appeal Board affirmed, and the nurse appealed. He argued, in part, that his posts were free speech and should not be weaponized to deny him benefits. As for the video footage, he said it merely showed a "slow-moving old man with a limp.”

To succeed in a termination petition, an employer must prove that a claimant's disability has ceased or that any remaining conditions are unrelated to the work injury. 

Was the judge justified in terminating nurse’s benefits?

A. Yes. The medical and video evidence showed he could function without restriction.

B. No. It was improper to rely on the social media posts.

If you selected A, you agreed with the court in Pfeiffer v. Temple University Hospital, No. 755 C.D. 2023 (Pa. Commw. Ct. 10/18/24), which affirmed the termination of benefits.

The court noted that the nurse’s lawyer never objected to the admissibility of the social meeting posts. Accordingly, the nurse waived that issue.

Even if special media posts were excluded, however, that was not the only basis of the WCJ’s decision. The WCJ also relied on medical evidence. Further, the fact that the nurse had two active law licenses indicated that he was mentally capable of working as a nurse. Finally, his claims about long COVID were contradicted by the video footage.

“[The independent medical examiner’s] opinion that Claimant had fully recovered from COVID-19 was supported by the objective surveillance video footage that showed Claimant participating in various activities of daily living, such as operating a motor vehicle, performing yard work, and shopping, without any visual evidence of balance issues,” the court stated.

It affirmed the Board’s termination of benefits.

Share This Article: