News & Analysis as of

Workers' Compensation Claim Coronavirus/COVID-19

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup – October 2024

The 3rd Department released nine new decisions on various cases in New York Workers’ Compensation. CV-22-2159 Matter of Olorode v Streamingedge, Inc. In this case, the claimant tried to increase his loss of wage-earning...more

Marshall Dennehey

The Delaware Supreme Court Affirms Decision That a COVID-19 Workplace Exposure at a Poultry Processing Plant Did Not Qualify as a...

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Fowler v. Perdue, 2024 WL 3196775, --- A.3d --- (Del. June 24, 2024) - Mr. Fowler alleged that he suffered a compensable COVID-19 exposure while working as a “boxer” at a poultry processing plant. The Industrial Accident...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Appellate Roundup – June 2024

On June 13, the 3rd Dept. released one workers’ compensation decision. In So v. Erin’s Pharmacy, CV-23-1738 (3rd Dept. 2024), the Court held that the Board’s rejection of an outdated RB-89 appeal form was a reversible error....more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup - March 2024

This week the 3rd Department released four new cases with a particular focus on psychological injuries. Learn more below. First is Anderson v. City of Yonkers, the 3rd Dept. examined the way the Board reviews psychological...more

Marshall Dennehey

Superior Court Affirms Decision That Claimant Failed to Prove She Contracted COVID-19 at Work, but Does Not Reach Issue of Whether...

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Hudson v. Beebe Medical Center, S23A-10-002 NEP, 2024 WL 36063 (Del. Super. Jan. 3, 2024). Ms. Hudson worked as a front-line nurse for the employer on its COVID-19 floor in the Fall of 2020. She contracted COVID at some...more

Marshall Dennehey

The Employer/Carrier Was Unable to Overcome Presumption, and COVID-19 Found to Be Work-related for Firefighter, Requiring Heart...

Marshall Dennehey on

Seminole County, Florida and Johns Eastern Company, Inc. v. Chad Braden, First District Court of Appeals - DCA#: 21-3530, Decision date: Dec. 13, 2023 - The claimant, a firefighter, was hired in 1993 after passing a...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup

Matter of Fernandez v. NYCTA. CV-23-0309 - The 3rd Dept. affirmed the Board’s decision to disallow this COVID-19 death claim. In this case, it involved an essential worker in the early days of COVID-19. The decedent was a...more

Ervin Cohen & Jessup LLP

Some, But Not All, California COVID-19 Laws Will Sunset at the End of 2023

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California’s COVID-19 notice requirements under California Labor Code § 6409.6, requiring employer notice to employees of COVID-19 exposures in the workplace, will expire at the end of 2023....more

Hinshaw & Culbertson - Employment Law...

A Pair Beats Four of a Kind: Take-Home COVID and the 'Rowland' Duty Factors

Repeatedly, people would make these and other more colorful comments whenever I would describe my case pending before the California Supreme Court: Because a construction worker swore the only place he could have contracted...more

Parker Poe Adams & Bernstein LLP

California Supreme Court Says Employers Not Liable for COVID-19 Spread to Employees' Family Members

Last week, the California Supreme Court responded to a request from the Ninth Circuit Court of Appeals to clarify whether an employer can be sued for negligence based on an employee who contracts COVID-19 at work and later...more

Payne & Fears

Employers Not Required to Prevent Spread of COVID to Employees’ Household, CA Court Holds

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The California Supreme Court released an opinion in Kuciemba v. Victory Woodworks Inc., finding that the exclusive remedy provisions of the California Workers’ Compensation Act (“WCA”) do not bar a non-employee’s recovery for...more

Laughlin, Falbo, Levy & Moresi LLP

Kuciemba Update: Supreme Court Answers Long-Awaited Questions on Family Member COVID-19 Claims

In a unanimous opinion, the California Supreme Court answered two questions posed to it by the Ninth Circuit Court of Appeal, finding that an employer is not liable for a COVID-19 injury sustained by an employee’s household...more

Laughlin, Falbo, Levy & Moresi LLP

LFLM LAW with L.A.W - Discovery for Covid-19 Claims

Welcome to LFLM LAW with L.A.W. - the podcast that dives deep into the intricacies of workers' compensation cases. Our host is Lindsay Wagenman, a Partner in our San Francisco office. In this episode, Kate Lozano, the...more

Sands Anderson PC

COVID-19: Vaccine Injury Compensation Status

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On May 5, 2023, the World Health Organization declared an end to the global health emergency caused by the SARS-CoV-2 virus, known as COVID-19. While the emergency has, in many ways, waned, the virus and the need for COVID-19...more

Rivkin Radler LLP

Insurance Update - January 24, 2023

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It was a busy end to the year, as courts handed down several key insurance decisions before ringing in 2023. The Ohio Supreme Court considered the contours of “direct physical loss or damage” in two separate decisions –...more

Fisher Phillips

New Laws for New York Employers in a New Year: What You Need to Know as 2023 Unfolds

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After a few years of rapid and expansive change to New York’s workplace laws, involving adjustments to workplace safety, employee pay, benefits, and privacy, there was a noticeable slowdown for the state legislature this past...more

Farella Braun + Martel LLP

California Extends Presumption of COVID-19 as Workers’ Compensation Injury and Modifies Notice Requirements for Potential Exposure

In addition to AB 152 extending COVID-19 leave through December 31, 2022, Governor Gavin Newsom has also signed into law two other COVID-related bills—AB 1751 and AB2693—affecting employers’ policies regarding employees who...more

Paul Hastings LLP

California Expands Employee Protections: A Dozen New Employment Laws Impacting Employers

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California’s Legislature recently ended another busy session, sending a slew of new employee-friendly bills to Governor Gavin Newsom, who was not stingy with his pen....more

Laughlin, Falbo, Levy & Moresi LLP

UPDATE! California's Governor Newsom Signs New Legislation Affecting Public Safety Employees

In an expected move given the ongoing COVID-19 pandemic, on September 29, 2022, Governor Newsom signed into law two workers’ compensation bills, AB 1751 and SB 1127, but vetoed another bill, SB 284. The signing of AB...more

Fisher Phillips

California’s COVID-19 Regulations Extended: 3 Developments for Employers to Note

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Fans of the 1984 fantasy film The NeverEnding Story might remember the famous line, “Every real story is a never-ending story.” For California employers that have been grappling with COVID-19 for the better part of the last...more

Fisher Phillips

Top 10 New California Employment Laws Signed into Effect by Governor Newsom

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As we previewed previously, a number of hot-button legislative proposals made it to Governor Newsom’s desk this year – many of which would change the landscape for California employers. For the first time since the COVID-19...more

Chartwell Law

How the Rebuttable Presumption Influences COVID-19  Workers’ Compensation Claims in New Jersey

Chartwell Law on

Since the COVID-19 pandemic, there has been a rise in occupational exposure claims filed for employees who allege they have contracted COVID-19 in the course and scope of their employment. However, unlike other workers’...more

Woodruff Sawyer

Workers’ Comp for Remote Employees: Here’s What You Need to Know

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Much has changed in the two-and-a-half years since March 2020, when most of the country went into lockdown due to COVID-19 and most businesses moved to remote work models. As a result of mass layoffs and employee absences due...more

Miller Nash LLP

“Take-Home COVID” Claims May Lead to Future Insurance Disputes

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What Are “Take-Home COVID” Claims? “Take-home COVID” claims are claims brought against an employer by the spouse or child of an employee who caught COVID-19 in the workplace and brought it home, infecting a spouse or child...more

Laughlin, Falbo, Levy & Moresi LLP

What Happens at Work Stays at Work? Bringing Covid-19 Home to Your Spouse (Update)

There is no question COVID-19 altered our existence as humans. Worldwide, the pandemic has touched all aspects of daily life. It is not surprising, then, that we are still seeing the ripple effects in the California Workers’...more

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