News & Analysis as of

State and Local Government Workers' Compensation Claim

McNees Wallace & Nurick LLC

Addressing Workers’ Compensation Issues for the Remote Workforce

The ever-evolving work landscape and rise of remote work have brought about new challenges and opportunities for Pennsylvania employers. A critical aspect of maintaining employee well-being and ensuring legal compliance has...more

Spilman Thomas & Battle, PLLC

Intentional Tort Legislation Damages Cap Passed in West Virginia Legislative Session 2023

In the 2023 West Virginia Legislative Session, new legislation was passed to cap damages in deliberate intent cases. House Bill 3270 amends West Virginia Code § 23-4-2 and the deliberate intent exception to the exclusive...more

Pullman & Comley - Labor, Employment and...

Now That They Are Finished: Developments From the 2023 Session of the Connecticut General Assembly Affecting Employers

The 2023 Regular Session of the Connecticut General Assembly, which concluded on June 7, 2023, was not as groundbreaking as other recent legislative sessions, Many far-reaching bills that emerged from committee were not...more

Pullman & Comley - Labor, Employment and...

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Has Spoken (Part Four-Yes,...

We have written about the General Assembly’s Labor and Public Employees Committee’s final flurry of activity approving and advancing bills out of committee.  In addition to the bills that we have already summarized, here is a...more

Steptoe & Johnson PLLC

Recent West Virginia Court Decision Clarifies Nonparty Fault and Nonparty Immunity

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In 2015, the West Virginia Legislature passed West Virginia Code Section 55-7-13d, which seeks to prevent defendants from paying in excess of their share of fault by requiring the trier of fact to consider the fault of all...more

Snell & Wilmer

Utah’s Employer/Independent Contractor Distinction Remains Cloudy, Even To Judges

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In a February 3, 2022 opinion by the Utah Court of Appeals, the struggle that courts have in distinguishing between employees and independent contractors continues. In Jensen Tech Services and Sentinel Insurance Company,...more

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report – Legislative Day 10 2022

The House and Senate had relatively short floor agendas on Wednesday, but each took up measures that will make waves in Georgia courts–and the court of public opinion. The House approved, HB 478, Representative Bonnie Rich’s...more

Weber Gallagher Simpson Stapleton Fires &...

Pennsylvania Workers' Compensation Legislative Update

The Pennsylvania Legislature has had a busy term considering many issues that will affect the Pennsylvania workers’ compensation system. There are three bills that have seen some movement recently and they are discussed...more

Pullman & Comley - Labor, Employment and...

The Aftermath: Developments From The 2021 Session of The Connecticut General Assembly Affecting Employers (Part One)

The 2021 Regular Session of the Connecticut General Assembly concluded on June 9, 2021.  While not as groundbreaking as the last full legislative session in 2019, important bills regarding public sector union rights, racial...more

Amundsen Davis LLC

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

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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

Jackson Lewis P.C.

Medical Marijuana Expenses Held Reimbursable In New Jersey Workers’ Compensation Case

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The New Jersey Supreme Court ruled that an employer and its workers’ compensation carrier must reimburse an injured worker for his medical marijuana expenses. Hager v. M&K Construction, 2021 N.J. LEXIS 332 (N.J. April 13,...more

Littler

Florida Legislature Imposes High Standard for Claims Against Businesses Based on Damages from COVID-19

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On March 29, 2021, Governor Ron DeSantis signed into law Florida Statute 768.38, intended to protect businesses, governmental entities, schools and other persons and entities from COVID-19 lawsuits if they made a good-faith...more

Vinson & Elkins LLP

California Enacts New COVID-19 Requirements For Employers

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California Governor Gavin Newson recently signed two new laws related to COVID-19, including a workers’ compensation law governing workplace “outbreaks” of COVID-19, and an exposure notice law that is triggered whenever...more

Amundsen Davis LLC

Your CA Fast Five – Highlights On Five Major Changes To California’s Employment Laws That You Need To Know Right Now

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While many California employers are challenged on multiple fronts at the moment from the ongoing pandemic and wildfires, they nonetheless need to be mindful of new employment law measures recently signed by Gov. Gavin Newsom....more

Bricker Graydon LLP

BWC to provide $1.5B for Ohio employers

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On September 25, 2020, the Ohio Bureau of Workers’ Compensation (BWC) approved Governor Mike DeWine’s proposal to send a second round of dividends to Ohio’s employers to ease the impact of COVID-19....more

Cozen O'Connor

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

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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

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

Weintraub Tobin

New California Laws Create Presumption Of Workers’ Compensation Coverage For COVID-19 Infections And Impose Additional COVID-19...

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California Gov. Gavin Newsom signed Executive Order N-62-20—way back on May 6, 2020—which created a presumption that employees’ COVID-19-related illnesses were caused at work and therefore covered by workers’ compensation....more

Jackson Lewis P.C.

Amended Workers’ Compensation Benefits For COVID-19 Positive Employees

Jackson Lewis P.C. on

Governor Newsom signed Senate Bill 1159 (“SB 1159”) on September 17, 2020, which could expand the definition of injury under the workers’ compensation system to include illness or death resulting from COVID-19. In May, the...more

Buckingham, Doolittle & Burroughs, LLC

HB 81 Brings Ohio Workers’ Compensation Law Changes

Changes to Ohio’s Workers’ Compensation Law take effect on September 15, 2020. House Bill 81 makes five notable amendments to the current law: •The time requirement for filing a Violation of a Specific Safety Requirement...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

Bradley Arant Boult Cummings LLP

Can COVID-19 Claims Convince Commissions to Compensate? An Overview of Workers’ Comp and the Coronavirus

If you get COVID-19 at work, is it covered by workers’ compensation? Maybe. In Tallahassee, Florida, a school district denied a high school teacher’s COVID-19-related workers’ compensation claim. The reason? The district says...more

Fox Rothschild LLP

Federal Court Holds That New Jersey Wage Hour Law Is More Favorable To Employees On Security Check Compensability Than The FLSA

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There have been many cases brought recently focusing on the compensability of security checks and in these days of temperature checking for COVID, we expect to see many more. Some of these cases have gone for the employer...more

Vinson & Elkins LLP

The Novel Coronavirus Is Giving Rise To Novel Lawsuits Against Employers

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Typically, an employees’ exclusive remedy for work-related injuries is through their state’s workers’ compensation system. As an example, suppose an employee suffers a work-related injury as a result of her employer’s...more

Bricker Graydon LLP

Governor DeWine approves numerous changes to Ohio workers’ compensation

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On June 16, 2020, Ohio Governor DeWine signed House Bill 81, legislation that intends to alter a number of aspects of the state’s workers’ compensation system. ...more

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