News & Analysis as of

Workplace Injury Occupational Exposure Infectious Diseases

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

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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

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

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

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

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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

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

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

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

White and Williams LLP

Workers' Compensation Act Exclusivity Likely Bars Most Employee COVID-19 Claims

In the coming weeks, workers are expected to return to the workforce, consequentially, with an increased potential for COVID-19 exposure. Infections manifesting with symptoms after the employee returns to work will likely...more

Seyfarth Shaw LLP

Day One at the ABA Occupational Safety and Health Law Committee Midwinter Meeting

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Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard some introductory remarks from the Solicitor of Labor, a panel who...more

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