News & Analysis as of

Workplace Injury Occupational Exposure Coronavirus/COVID-19

Marshall Dennehey

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

Marshall Dennehey on

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

Marshall Dennehey

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

Marshall Dennehey on

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

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

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

Fisher Phillips

PEO Pointers: Court Decision Means Employers Could Face COVID-19 Injury and Death Claims for Workplace Exposures

Fisher Phillips on

Welcome to "PEO Pointers," a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance....more

Woodruff Sawyer

Communicable Disease Coverage in Workers’ Compensation and Casualty Programs

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COVID-19 brought a heightened interest to the treatment of communicable diseases in casualty insurance policies during 2020. The Delta and Omicron variants have renewed attention to communicable disease exclusions and...more

Seyfarth Shaw LLP

Heat Illness and Back to Work — Summer 2021

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Seyfarth Synopsis: As we approach the heat of the summer season and as employers begin to re-open after months of COVID-19 quarantine, workers may be out of shape, out of practice on workplace safety procedures, and may have...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Judge Dismisses Wife’s COVID-19 Tort Suit Against Husband’s Employer

On May 10, 2021, a judge for the U.S. District Court for the Northern District of California dismissed a lawsuit filed by the wife of a construction worker against his employer after he allegedly contracted COVID-19 at his...more

Littler

OSHA Releases National Emphasis Program Protecting High-Risk Workers

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In response to President Biden’s January 2021 executive order, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) released a National Emphasis Program (NEP) on March 12, 2021, targeting...more

Mintz - Employment Viewpoints

A Brief Guide to California's Latest Employer COVID-19 Reporting Obligations

California employers are now subject to three new COVID-19 related reporting obligations when there is a COVID-19 positive employee or employees in their workplaces, including: reporting to their (1) workers’ compensation...more

Locke Lord LLP

OSHA Issues Coronavirus-Related Citations

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As we all continue to adjust to the “new normal” brought on by COVID-19, employers across the country are recovering from the whiplash caused by the (at times contradictory) rules and regulations federal, state, and local...more

Laughlin, Falbo, Levy & Moresi LLP

California Covid19 Claims Flowchart

California Governor Gavin Newsom signed Senate Bill 1159 into law on September 17, 2020. The law became effective immediately as of September 17, 2020 and created a presumption of compensability for workers compensation...more

Littler

OSHA Issues Frequently Asked Questions Regarding COVID-19 Reporting Obligations

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On September 30, 2020, the Occupational Safety and Health Administration (OSHA) released new Frequently Asked Questions (FAQs) regarding an employer’s obligation to report to OSHA cases of work-related COVID-19.  The FAQs...more

Troutman Pepper

California Governor Expands COVID-19 Protections for California Employees and Imposes Additional Requirements on California...

Troutman Pepper on

Q: Is there new legislation that expands COVID-19 protections to California employees? A: Since the beginning of 2020, employers have had to make significant changes to their operations due to an increasing number of newly...more

Littler

California SB 1159 Expands Presumption of Workers’ Compensation Liability for COVID-19 Illness Claims

Littler on

Update: Governor Newsom signed SB 1159 into law on September 17, 2020. In May, California Governor Newsom signed Executive Order N-62-20, which created a rebuttable presumption that certain employees who test positive for...more

Greenberg Glusker LLP

Adding A Dash Of PPE Into Your IIPP: A California Employer’s Recipe For Employee Health And Safety

Greenberg Glusker LLP on

I am amazed at how often business owners are surprised to learn that all employers in California are required to prepare, implement and inform employees about the employer’s Injury and Illness Prevention Program (IIPP). Are...more

Morrison & Foerster LLP

The SAFE TO WORK Act: An In-Depth Guide For Employers To The Senate's Proposed Coronavirus Liability Shield

On July 27, 2020, Senate Republicans introduced the HEALS Act, its response to the Democrat-backed stimulus bill, the HEROES Act. Although the HEALS Act is currently on life support in light of the stalemate in negotiations...more

Fox Rothschild LLP

Lessons From The ‘First Wave’ Of COVID-19 Personal Injury Claims

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When we read between the lines in the first wave of COVID-19 case filings, a few key lessons emerge. As the Wall Street Journal noted on July 30 in “Families File First Wave of COVID-19 Lawsuits Against Companies Over Worker...more

Gray Reed

OSHA’s New Guidance for the Energy Arena

Gray Reed on

The Occupational Safety and Health Administration (OSHA) recently issued guidance for oil and gas industry workers and employers in light of the increased risk of workplace exposure to COVID-19. ...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 17, 2020

This 17th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses everything from insurance coverage disputes to statewide shutdown orders. Despite an uphill climb towards liability, businesses...more

FordHarrison

Connecticut Creates Rebuttable Presumption that COVID Infection was Work-Related for First Months of the Pandemic

FordHarrison on

Executive Summary: On July 24, 2020, Connecticut Governor Ned Lamont signed his 63rd executive order in response to the public health emergency posed by COVID-19. Executive Order 7JJJ (“the Order”) creates a rebuttable...more

Ballard Spahr LLP

OSHA Issues COVID-19 Related FAQs

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On July 2, 2020, OSHA published a set of Frequently Asked Questions (FAQs) addressing topics related to COVID-19. The FAQs provide links to a number of employer and employee resources related to workplace safety and health...more

Fisher Phillips

COVID-19 Workers’ Compensation Legislation: Time To Revisit Occupational Diseases

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Due to the risk of COVID-19 exposure at the workplace, many states have enacted legislation to include the contraction of COVID-19 as a compensable workers’ compensation “occupational disease.” Just what is an “occupational...more

Littler

States Enact Laws Limiting COVID-19 Liability

Littler on

Previously, we discussed the increasing number of lawsuits filed against employers relating to COVID-19, and how these numbers are expected to swell.  Perhaps recognizing the economic ruin that could befall employers facing...more

Burr & Forman

Week in Review - What You Need to Know

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OSHA Now Requires Employers to Make Work Related Determinations in COVID-19 Cases - On May 19, 2020, OSHA issued a memorandum to its Regional Administrators and State Plan Designees. This new guidance went into effect...more

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