In Shmulsky v. Hudson Headwaters Heath 3rd Dept., a Covid Vaccine case, it’s hard to believe that the Law Judge initially found in favor of the claimant. On December 19, 2024, the 3rd Dept. affirmed the disallowance of a Covid-related claim. The claimant alleged that they developed adverse reactions from receiving the Covid vaccine. Their theory was that their employer, a network of health care centers, encouraged employees to get the vaccine, and therefore, the employer should be responsible for any consequential injuries. However, the Board Panel correctly reversed the Law Judge’s decision, as there was no evidence that the employer required the vaccine, administered it, or would take any adverse action against workers who chose not to get vaccinated. The 3rd Dept. affirmed this decision. Had the outcome been different, it could have set a very concerning precedent.
Read the decision here.
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