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Writer's pictureDaniel S. Jaffe, Esq.

Message to Members from the DEA Disability Attorneys Regarding Positive Antibody Tests

The following was distributed to the membership of the NYPD Detectives' Endowment Association on May 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 that 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 they were not otherwise aware that they had been infected, should document their 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, so 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 the public that 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.



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