News & Analysis as of

Workplace Injury 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...

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

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

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

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

Woodruff Sawyer on

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

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

Woodruff Sawyer on

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

Bricker Graydon LLP

[Ongoing Program] Navigating the FMLA, the ADA and Workers' Compensation - November 9th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

Webinar Series: Hot Topics in Employment - Bricker & Eckler’s annual “Hot Topics” seminar is remaining virtual this year! This series provides human resources professionals and in-house attorneys with insight into ongoing...more

Bricker Graydon LLP

Reducing workers’ compensation and OSHA liability during COVID-19 and beyond

Bricker Graydon LLP on

As the world navigates work-from-home opportunities in the post-COVID era, health care companies are considering their options too. This article provides a practical look into workers’ compensation and OSHA considerations so...more

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

Wisconsin Supreme Court Limits Tort Claims Related to Conduct Following Worker’s Compensation Injury

On May 20, 2021, the Wisconsin Supreme Court limited the tort claims an employee may bring based on alleged conduct that occurred between injuries covered under the state’s workers’ compensation law. The opinion in Graef v....more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] COVID-19: Vaccine and Return to Work Implications for Employers and Workers’ Compensation Claims - April 6th, 1:00 pm -...

Join partners Tracy A. Walsh and Shawn C. Gooden for an interactive webinar on the most recent COVID-19 developments and their repercussions regarding possible employment law, and pending legislation in Pennsylvania for...more

Weber Gallagher Simpson Stapleton Fires &...

Workers' Compensation Academy: 2020: A Unique Year in Many Ways Including Changes in New Jersey Workers’ Compensation

How will legislation from 2020 impact New Jersey workers' compensation claims in 2021 and beyond? Workers' Compensation Partners Jeffery D. Newby and Cheryl A. Binosa provide a recap and update on significant legislative...more

Weber Gallagher Simpson Stapleton Fires &...

Workers' Compensation Academy: Exclusivity Provisions of the PA Workers’ Compensation Act

Will COVID-19 end the exclusive remedy provision in the Pennsylvania Workers' Compensation Act? Workers' Compensation partners, Christian (Chris) A. Davis and Sherri L. Dougherty explore how COVID-19 exposure in the workplace...more

Rumberger | Kirk

Intersection Between COVID-19 and Worker's Compensation Immunity: Are Employers at Risk of Civil Litigation?

Rumberger | Kirk on

Florida employers may be at risk of civil litigation if employees successfully circumvent the workers’ compensation scheme for COVID-19 related injury or death during the course and scope of their employment.  In fact,...more

Chartwell Law

Appellate Division Reverses Board's Strict Guidelines On Injuries Occurring While Employees Are Working From Home

Chartwell Law on

In March 2020, many employees began working from home due to the COVID-19 pandemic. At the time, many New York employers were wondering how the more lenient Workers’ Compensation Law would be applied to claims if an employee...more

Bricker Graydon LLP

[Webinar] Reducing Workers' Compensation and OSHA Liability during COVID-19 and Beyond - October 27th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

Bricker & Eckler’s annual “Hot Topics” seminar is going virtual this year! This series provides human resources professionals and in-house attorneys with insight into ongoing and emerging labor and employment issues. We...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

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

Cozen O'Connor

The Interplay Between OSHA And Wrongful Death, Tort, And Gross Negligence Claims In The COVID-19 Era

Cozen O'Connor on

OSHA practitioners who have handled citations involving fatalities or severe injuries are most likely no strangers to considering how these citations including the alleged violation description might affect collateral...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

Laughlin, Falbo, Levy & Moresi LLP

Working From Home: Firing Up Litigation?

In the last several years, there has been an increase in the number of employers who offer a remote work environment (i.e., work from home). In fact, the numbers of employees working from home have increased by 140% since...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

Chartwell Law

Various Effects of Coronavirus on Florida Workers’ Compensation Matters

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Coronavirus/COVID-19 is affecting Florida workers’ compensation claims in a variety of ways, including litigation events (being required to appear telephonically for events or having to continue final hearings due to delays...more

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