News & Analysis as of

Burden of Proof Workers' Compensation Claim

Marshall Dennehey

Workers’ Compensation Appeal Board Violates Long-standing Workers’ Compensation Principles by Overturning Credibility Findings...

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Katherine A. Lawry v. County of Butler (WCAB); No. 593 C.D. 2022; filed March 6, 2024; Judge Covey - The claimant suffered a work injury to her right thumb in the nature of a strain/sprain. The injury was later expanded by...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

White and Williams LLP

For PA Employers: Defense Against Medical Marijuana Goes Up in Smoke

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Based on two Commonwealth Court decisions filed on March 17, 2023, medical marijuana is now medical treatment covered by the PA Workers’ Compensation Act (WC Act), and failure to pay is a violation of the Act, with up to 50%...more

Constangy, Brooks, Smith & Prophete, LLP

“Idiopathic” Defense To Workers’ Comp Claims Is Still Viable In Georgia, Court Rules

The “idiopathic defense” to workers’ compensation claims is still a viable one, according to a recent decision from the Georgia Court of Appeals. “Idiopathic,” as defined by the Georgia Court of Appeals, means “injuries...more

McDermott Will & Emery

California Law SB 1159 Creates Workers' Compensation Presumption

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On September 17, 2020, California Governor Gavin Newsom signed SB 1159 into law, which is effective immediately for all employers. The law does five things: (1) it codifies Governor Newsom’s Executive Order N-62-20 on a...more

Fisher Phillips

California Enacts Workers’ Compensation Presumption That Applies To Most Employers With COVID-19 “Outbreaks”

Fisher Phillips on

California Governor Gavin Newsom just signed legislation that establishes a workers’ compensation presumption that will apply to most employers in the state that have a COVID-19 “outbreak” through 2022 – meaning it is much...more

Fisher Phillips

The California Legislature Is Back in Town! Which Pending Bills (and Executive Orders) Will Impact The Workplace?

Fisher Phillips on

After returning from its hiatus on May 4, the California legislature has wasted no time in drafting a flurry of new bills which will affect employers in the aftermath of the state’s response to COVID-19. While the state...more

Chartwell Law

VIDEO: Will Pending Federal Covid-19 Legislation Preempt Longstanding State Laws Regarding the Burden of Proof in Workers’...

Chartwell Law on

Chartwell Law partners Jonathan Spadea and Jason Hanford discuss pending legislation in the United States House and Senate which is intended to provide a federal benefit to first responders who contract Covid-19. While a...more

Chartwell Law

Proposed Presumptive Workers’ Compensation Legislation Would Eliminate Burden of Proof on Essential Workers for COVID-19 Claims

Chartwell Law on

Many are pushing for the enactment of legislation which would create a rebuttable presumption of compensability for essential employees who contract COVID-19. On May 4, 2020, specific legislation was introduced to both the...more

Woods Rogers

Coronavirus And Virginia Workers' Compensation Part II: Burdens Of Proof And The Stay-At-Home Order

Woods Rogers on

This article is a follow up to the Coronavirus and Virginia Workers’ Compensation article and deals with how social distancing precautions and the Governor’s stay-at-home order may impact the Virginia workers’ compensation...more

Fisher Phillips

Illinois Significantly Alters Employers’ Burden Of Proof In COVID-19 Workers’ Compensation Claims

Fisher Phillips on

Illinois has made it easier for certain workers who contract COVID-19 to be covered by the state workers’ compensation system. In an emergency amendment to the Rules of Evidence applicable to matters before the Illinois...more

Haight Brown & Bonesteel LLP

Appeals Board Clarifies Medical-Legal Lien Burden of Proof

The Workers’ Compensation Appeals Board (WCAB) issued a unanimous en banc decision on November 14, 2019 clarifying what the initial burden of proof is for a medical-legal lien claimant and what are defendant’s obligations in...more

Fisher Phillips

Kentucky's New Workers' Comp Law Encourages Drug Testing

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House Bill 2 (“HB2”) was signed into law by Governor Matt Bevin and became effective in July 2018. Through HB2, the legislature enacted significant changes to multiple provisions of the Workers’ Compensation Act. One of the...more

Foley & Lardner LLP

“Smoking Guns” and Unofficial Rules: A Reminder for Employers

Foley & Lardner LLP on

If you work in human resources, or are an executive or employment lawyer, at some point you probably have thought, heard or said words to the effect of “Juries are very unpredictable and can do some crazy things.” I admit...more

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