The Chartwell Chronicles: Occupational Exposure Claims
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City of Philadelphia v. Wayne Deloatch and Independence Blue Cross (WCAB); Independence Blue Cross v. City of Philadelphia and Wayne Deloatch (WCAB); No. 541 C.D. 2022 and No. 589 C.D. 2022; Filed Dec. 24, 2024 - Wayne...more
West Conshohocken Borough v. David Markland (WCAB); No. 1382 C.D. 2022; filed Jan. 2, 2025 - This case involved a Claim Petition filed based on an occupational disease. The claimant worked as a firefighter and filed an Act 46...more
Jurisdiction: Court of Appeals of Minnesota - Appellant Westrock Minnesota Corporation f/k/a Waldorf Corporation (Waldorf), challenged the district court’s ruling, denying summary judgment on respondent’s asbestos-related...more
On January 24, 2025, the Illinois Supreme Court issued its long-awaited decision in Martin v. Goodrich Corp., upholding the constitutionality of a 2019 amendment to the Illinois Workers’ Occupational Diseases Act (the...more
Workers whose jobs involved exposure to asbestos – including boilermakers, boiler workers, carpenters, factory workers, laborers, pipe coverers, and pipefitters – may be in danger of developing mesothelioma, asbestos lung...more
1. The Delaware Supreme Court affirmed an Industrial Accident Board decision that concluded that a COVID-19 workplace exposure at a poultry processing plant did not qualify as a compensable occupational disease. Fowler v....more
1. As the employer/carrier was not able to overcome presumption, a firefighter’s COVID-19, requiring heart transplant, was found to be work-related. Seminole County, Florida and Johns Eastern Company, Inc. v. Chad Braden,...more
The NJ Appellate Court recently published a case of first impression to touch on this COVID case law Guiseppe Amato v Township of Ocean School District, which dealt with two issues: whether the Judge of Compensation should...more
Big New York WC Decision drop today. This week we learn the answers to these questions: Can you catch COVID from working with dead bodies? Is burnout from working at home compensable?...more
From the 3rd Dept on Thursday 11/7/24, there were some relatively good decisions for the defense. Learn more in the blurbs below. In Herrera v. American Badge, a COVID claim was disallowed....more
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
Jerry Mercer v. Active Radiator MPN, Inc. (WCAB); No. 1326 C.D. 2023; filed June 3, 2024; Judge Fizzano Cannon - On August 24, 2018, the claimant advised the employer that he had sustained a work-related injury due to lead...more
With California once again expecting extreme heat conditions this summer, state officials are ramping up efforts to protect agricultural workers by punishing employers who don’t comply with heat standards. The state is...more
Occupational exposure claims usually become litigated. Ever wonder what your attorney is doing to evaluate and investigate the case behind the scenes? Join us for a look into the law and how to best posture these workers’...more
In February 2024, California State Senator Dave Cortese introduced Senate Bill (SB) 1299. The bill would add section 3212.81 to the California Labor Code to establish a workers’ compensation presumption related to heat...more
This week the 3rd Department released four new cases with a particular focus on psychological injuries. Learn more below. First is Anderson v. City of Yonkers, the 3rd Dept. examined the way the Board reviews psychological...more
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
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
With summer in full swing accompanied by record-high temperatures, employers should consider developing and implementing measures to mitigate the risk of employees developing heat-related illnesses while working outside....more
Superior Court of Delaware, New Castle - Plaintiff Jeffery Saunders filed an action against numerous defendants, alleging that he was exposed to asbestos-containing products and sustained resulting injuries...more
In Herold v. University of Pittsburgh, the Pennsylvania Commonwealth Court affirmed a Court of Common Pleas of Allegheny County decision, holding that: (1) common law claims for occupational diseases occurring four years...more
In Episode 3 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson discuss Occupational Exposure Claims. Topics of discussion include the different types of occupational claims, how Judges decide Motions, who...more
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
California’s Legislature recently ended another busy session, sending a slew of new employee-friendly bills to Governor Gavin Newsom, who was not stingy with his pen....more
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