News & Analysis as of

Essential Workers Workers' Compensation Claim

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup

Matter of Fernandez v. NYCTA. CV-23-0309 - The 3rd Dept. affirmed the Board’s decision to disallow this COVID-19 death claim. In this case, it involved an essential worker in the early days of COVID-19. The decedent was a...more

Laughlin, Falbo, Levy & Moresi LLP

What Happens at Work Stays at Work? Bringing Covid-19 Home to Your Spouse

There is no question COVID-19 altered our existence as humans. Worldwide, the pandemic has touched all aspects of daily life. It is not surprising, then, that we are still seeing the ripple effects in the California Workers’...more

Lasher Holzapfel Sperry & Ebberson PLLC

Employment Law Alert: The New Health Emergency Labor Standards Act

On May 11, 2021, Governor Inslee signed into law the Health Emergency Labor Standards Act. The Act revises the state’s workers’ compensation and industrial health and safety statutes to provide new protections for high risk...more

Jackson Lewis P.C.

Washington Passes Two New Laws To Prepare For The Next Pandemic

Jackson Lewis P.C. on

Washington has adopted new laws that presume workers’ compensation coverage for “frontline employees,” creating reporting requirements, and provide additional protections for “high risk” workers designed to better prepare the...more

Amundsen Davis LLC

IWCC Establishes Emergency Rule For Certain Workers Sickened With COVID-19

Amundsen Davis LLC on

If an employee can establish a direct causal connection to its exposure to COVID-19 via its workplace, the employee may now have a valid claim for workers’ compensation coverage. On April 13, 2020, the Illinois Workers’...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

Payne & Fears

Late Summer Legislative Update

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On August 31, 2020, California’s legislative session closed with a flurry of bills—the majority driven by COVID-19. These bills have been sent to the governor, who now has until the end of September to sign them into law or...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

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

Robinson+Cole Construction Law Zone

Governor Lamont Issues Executive Order Allowing Pandemic Workers Easier Access to Workers’ Compensation Benefits

On July 24th, Connecticut Governor Ned Lamont signed Executive Order No. 7JJJ, which creates a rebuttable presumption that all employees who worked on site and tested positive for COVID-19 during the first three months of the...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

Amundsen Davis LLC

COVID Workers’ Compensation Amendment

Amundsen Davis LLC on

After the Workers’ Compensation Commission withdrew its proposed Emergency Rule declaring that any employee in an “essential industry” contracting COVID will be rebuttably presumed to have contracted COVID at work, the...more

Cozen O'Connor

Governor Newsom Creates Rebuttable Presumption of Workers’ Compensation Eligibility

Cozen O'Connor on

On May 6, 2020, California Governor Gavin Newsom signed an executive order facilitating access to workers’ compensation benefits for essential workers who contract COVID-19 on the job....more

Payne & Fears

What Gov. Newsom's Workers' Compensation Order Means for Employers

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Last week, Governor Newsom signed Executive Order N-62-20 creating a presumption of workers’ compensation eligibility for California employees who have contracted or who later contract COVID-19 at any time since reporting to...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

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

States Create Presumptions for Essential Workers to Become Eligible for Workers’ Compensation Benefits During Pandemic

A number of states have recently passed or proposed amendments to their workers’ compensation statutes (or have issued other authority) to make it easier for healthcare workers, first responders, and other essential workers...more

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

Court Halts Enforcement of Illinois’s New Workers’ Compensation Rule That Presumes COVID-19 Infections Are Work-Related

On April 13, 2020, the Illinois Workers’ Compensation Commission established an emergency rule amending the Illinois Administrative Code for workers’ compensation hearings that creates a rebuttable evidentiary presumption for...more

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