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Rebuttable Presumptions Workers' Compensation Claim

Weber Gallagher Simpson Stapleton Fires &...

New York Court of Appeals Clarifies WCL § 21(1) in Work Assault Cases: Timperio v. Bronx Lebanon

The New York Court of Appeals issued a decision last week, clarifying the rebuttable presumption of WCL § 21(1) in work assault cases, particularly in a mass shooting scenario. When an injury happens during work, it is...more

Fisher Phillips

California’s COVID-19 Regulations Extended: 3 Developments for Employers to Note

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Fans of the 1984 fantasy film The NeverEnding Story might remember the famous line, “Every real story is a never-ending story.” For California employers that have been grappling with COVID-19 for the better part of the last...more

Fisher Phillips

Top 10 New California Employment Laws Signed into Effect by Governor Newsom

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As we previewed previously, a number of hot-button legislative proposals made it to Governor Newsom’s desk this year – many of which would change the landscape for California employers. For the first time since the COVID-19...more

Goldberg Segalla

Practical Tips for Investigation of COVID-19 Claims in New Jersey

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Key Takeaways - As of September 2020, New Jersey law created a “rebuttable presumption” that COVID-19 is work-related and fully compensable for the purposes of workers’ compensation—assuming the petitioner is an essential...more

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

Minnesota Extends Workers’ Compensation Presumption for Frontline Workers Who Test Positive for COVID-19

On February 4, 2022, Governor Tim Walz signed House File (H.F.) 1203 into law, which extends the presumption that certain frontline healthcare workers contracted COVID-19 at work if they test positive. The prior presumption...more

Weber Gallagher Simpson Stapleton Fires &...

Legislative Update Regarding Rebuttable Presumption Related to COVID-19 Workers’ Compensation Claims in New Jersey

The Governor of New Jersey previously signed legislation indicating that if an employee meets the qualification as an essential employee, and it was a very broad definition of employees who were covered, then if they...more

Pullman & Comley - Labor, Employment and...

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Has Spoken (Part One-COVID-19...

Following its initial action; https://workingtogether.pullcomblog.com/archives/latest-developments-from-the-connecticut-general-assembly-the-labor-and-public-employees-committee-begins-to-speak-3/; the General Assembly’s...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor & Employment Series – Day 1: COVID-19 and the Rebuttable Workers' Compensation Presumption

Can you believe this year is nearly over? Before popping the champagne, it's time to reprise our annual review of key labor and employment law developments in California. While California employers are thrown curve balls...more

Stokes Wagner

Disputable Presumption for Workers Compensation for Workers Who Test Positive for Covid-19 During an Outbreak

Stokes Wagner on

On September 17, 2020, Governor Newsom approved Senate Bill No. 1159, which creates a framework for COVID-19 related workers’ compensation claims. The new law adds Section 3212.88 to the California Labor Code and applies to...more

Lewitt Hackman

COVID-19 In the Workplace: Employees May Seek Workers’ Compensation

Lewitt Hackman on

In May 2020 Governor Gavin Newsom issued an executive order that created a time-limited rebuttable presumption for employees to seek workers’ compensation benefits if they tested positive for COVID-19 while on the job. The...more

Cozen O'Connor

Rebuttable Presumption for COVID-19 Illnesses to Impact Employers Through 2022

Cozen O'Connor on

On September 17, 2020, Governor Newsom signed SB 1159 into law, expanding access to workers’ compensation and making it easier for first responders, health care workers, and other workers who test positive for COVID-19 due to...more

Faegre Drinker Biddle & Reath LLP

Frequently Asked Questions on COVID-19 Personal Injury Litigation

Plaintiffs’ attorneys are advertising for plaintiffs infected by COVID-19, and new COVID-19 personal injury lawsuits are being filed at a steady clip. In recent lawsuits, for example, employees and customers have sought to...more

Payne & Fears

Three New California Bills Greatly Expand Employers' Obligations Regarding COVID-19 and Employee Leave

Payne & Fears on

On September 17, 2020 Governor Gavin Newsom signed three bills (SB 1159, AB 685, and SB 1383) expanding workers’ protections in relation to COVID-19 exposure in the workplace, and expanding the California Family Rights Act....more

FordHarrison

California SB 1159 Codifies COVID-19 Workers' Compensation Presumption

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On September 17, 2020, California Governor Gavin Newsom signed into law Senate Bill 1159, (SB 1159) which modifies and extends the Governor’s Executive Order N-62-20 creating a disputable workers’ compensation presumption...more

Ballard Spahr LLP

NJ Presumes Workers Comp Coverage for NJ Essential Workers Who Contract COVID-19

Ballard Spahr LLP on

In a long anticipated move, New Jersey has again acted to provide COVID-19 related benefits to workers throughout the State. New legislation creates a rebuttable presumption that, absent demonstrable proof to the contrary,...more

Chartwell Law

New Law in New Jersey Predicted to Have Significant Impact on Workers' Comp Claims

Chartwell Law on

A new law in New Jersey will have a significant impact on how infectious disease claims, particularly Covid-19, will be handled in New Jersey’s workers’ compensation system. The passing of this bill puts New Jersey in the...more

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

New Jersey Enacts COVID-19 Workers’ Compensation Presumption Bill for Essential Workers

On September 14, 2020, New Jersey Governor Phil Murphy signed Senate Bill (SB) 2380 into law. SB 2380 creates a rebuttable presumption of workers’ compensation coverage for COVID-19 cases contracted by “essential employees”...more

Laughlin, Falbo, Levy & Moresi LLP

California’s Governor Newsom Poised To Sign SB 1159: A Primer on Continuation and Expansion of COVID-19 Presumptive Injuries

Ever since Governor Newsom’s May 7 th Executive Order N-63-20 established a new paradigm for claims handling in the era of COVID-19, the workers’ compensation world has waited with bated breath for the inevitable legislation...more

Epstein Becker & Green

Connecticut Governor Lamont Strengthens Workers’ Compensation Claims for Workers Affected by COVID-19

Epstein Becker & Green on

On July 24, 2020, Connecticut Governor Lamont issued Executive Order JJJ (“E.O. JJJ”), which creates a presumption that employees who contracted COVID-19 in the early days of the pandemic contracted it at work and are...more

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

California COVID-19 Workers’ Compensation Presumption Expired on July 5, 2020 - Will It Be Revived?

On May 6, 2020, Governor Gavin Newsom of California issued Executive Order (EO) N-62-20, creating a temporary rebuttable presumption that employees working outside of their homes who test positive for COVID-19, the disease...more

Franczek P.C.

Illinois Workers’ Compensation COVID-19 Rebuttable Presumption Takes Effect

Franczek P.C. on

On Friday, June 5, 2020, Governor Pritzker signed into law Public Act 101-0633, which amends the Illinois Workers’ Compensation Act to create a rebuttable presumption that a first-responder or essential worker who contracts...more

Franczek P.C.

The Return of the Workers’ Compensation Rebuttable Presumption

Franczek P.C. on

Last week, the Illinois General Assembly passed House Bill 2455, which amends the Workers Compensation Act to create a rebuttable presumption that a first-responder or essential worker who contracts COVID-19 did so in the...more

Hinshaw & Culbertson - Insights for Insurers

Illinois Legislature Passes COVID-19 Workers' Compensation Bill Containing Rebuttable Presumption for Front-Line Workers

On May 22, 2020, the Illinois legislature overwhelmingly passed a bipartisan bill that creates COVID-19 workers' compensation protection for certain workers considered "essential" under the Governor's stay-at-home order. The...more

Haight Brown & Bonesteel LLP

Governor Newsom Orders COVID-19 Compensation Presumption

On March 4, Governor Gavin Newsom proclaimed a State of Emergency exists for California due to the threat of COVID-19. On March 13, President Trump announced a national emergency in response to the coronavirus outbreak. Since...more

Hinshaw & Culbertson - Insights for Insurers

Governor Newsom Issues Executive Order Creating Rebuttable Presumption of Workers' Compensation Compensability for COVID-19...

On May 6, 2020, Governor Newsom issued Executive Order N-62-20, which provides that an employee's COVID-19 related illness "shall be presumed to arise out of and in the course of the employment for purposes of awarding...more

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