News & Analysis as of

Workers Compensation Act Coronavirus/COVID-19

Marshall Dennehey

Superior Court Affirms Decision That Claimant Failed to Prove She Contracted COVID-19 at Work, but Does Not Reach Issue of Whether...

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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

CDF Labor Law LLP

California Supreme Court Declines to Impose Tort Duty on Employers to Prevent Spread of COVID-19 to Employees’ Households

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The California Supreme Court held last week that a California employer does not owe a duty of care to prevent the spread of COVID-19 to members of an employee’s household. In a unanimous decision, Kuciemba v. Victory...more

Jackson Lewis P.C.

California Supreme Court Rules Against COVID-19 Take-Home Exposure Liability for Employers

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The California Supreme Court in Kuciemba v. Victory Woodworks, Inc was asked to rule on two questions by the 9th Circuit: 1. If an employee contracts COVID-19 at the workplace and brings the virus home to a spouse, causing...more

Seyfarth Shaw LLP

California Supremes Set Bounds on Employer Duty to Non-Workers

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Seyfarth Synopsis: The California Supreme Court unanimously held that while claims brought by an employee’s spouse for COVID injury are not barred by the Workers’ Compensation Act’s (WCA) exclusivity provision, policy...more

Fisher Phillips

The Top 17 Workplace Law Stories from February 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

FordHarrison

[Webinar] Leave Compliance Alphabet Soup: ADA/FMLA/WC - February 23rd, 2:00 pm - 3:00 pm ET

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Join FordHarrison St. Louis attorneys Karen Milner and Roy Smith as they discuss employer notice requirements and substantive obligations under the FMLA, ADA and worker’s compensation. Topics to be covered include: -...more

ArentFox Schiff

California Court Rules Employer Must Face Lawsuit Over COVID Death of Employee's Spouse

ArentFox Schiff on

A California appellate court has ruled that a wrongful death action filed by an employee and her children arising from the death of the employee's spouse from COVID-19 after she allegedly contracted the virus at work and...more

Fisher Phillips

California Court Ruling Opens Door to COVID-19 Claims by Non-Employees Catching Virus from Workers

Fisher Phillips on

A common question posed during the pandemic has been whether employers can face liability for COVID-19 infections originating in the workplace. As to employees who contract COVID-19, the answer has been that an employee’s...more

Bricker Graydon LLP

Are remote injuries compensable under Ohio workers’ compensation laws?

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When the COVID-19 pandemic began, many organizations quickly transitioned to a work from home environment in an effort to keep their employees safe. Nobody knew how long we would be functioning in this new “normal,” but some...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

Jackson Lewis P.C.

South Carolina Senate Passes COVID-19 Liability Immunity Act

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The South Carolina state Senate has passed legislation that would provide immunity from COVID-19-related lawsuits for businesses that follow state and federal health guidelines. The measure now goes before the South...more

Chartwell Law

Is An Adverse Reaction To An Employer-Mandated COVID-19 Vaccine Compensable Under New England States' Workers’ Compensation Acts?

Chartwell Law on

With the availability of COVID-19 vaccinations and anticipated push to vaccinate the general public in the coming months, it is expected that many employers will mandate that their workers obtain a vaccination either prior to...more

Chartwell Law

Is An Adverse Reaction To An Employer-Mandated COVID-19 Vaccine Compensable Under The New Jersey Workers’ Compensation Act?

Chartwell Law on

As COVID-19 vaccines are becoming more accessible to the general public, employers may be considering a mandatory administration of the vaccine in an effort to protect their employees, customers, and patients during the...more

Chartwell Law

How Are COVID-19 Related Delays in Medical Treatment Handled Under the Pennsylvania Workers’ Compensation Act?

Chartwell Law on

Unlike many other states, the Pennsylvania Workers’ Compensation Act does not allow for a unilateral suspension or termination of benefits based upon a claimant’s failure to obtain recommended medical treatment. Instead, if...more

White and Williams LLP

NJ Essential Employees Now Have a Presumption for Work-Related COVID-19

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The law is retroactive to March 9, 2020 and grants a presumption in the burden of proof to essential employees when claiming that contraction of the COVID-19 virus occurred at work. The COVID-19 law may lead to some confusion...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

Downs Rachlin Martin PLLC

2020 Mid-Year Vermont Health Care Update

Lawmaking in the COVID Era - The legislature adjourned Friday June 26 at 8:41 p.m. Sort of. After holding what was nearly the longest and certainly the strangest session in history – half of it remotely – the legislature has...more

Blake, Cassels & Graydon LLP

Actions collectives, emploi et COVID-19 : échec en vue pour les demandeurs

Dans le cadre d’actions collectives putatives déposées relativement à des questions liées à l’emploi dans le contexte de la pandémie de COVID-19, les demandeurs pourraient se buter à des obstacles procéduraux. En effet, dans...more

Blake, Cassels & Graydon LLP

Plaintiffs Face Obstacles in COVID-19 Employment Class Actions

Putative class actions filed in connection with COVID-19 employment-related matters may face some obstacles in proceeding. Certain hurdles exist in the common law provinces in Canada that may prove insurmountable....more

Jackson Walker

COVID-19 and the Non-Subscriber Employer

Jackson Walker on

The COVID-19 pandemic has triggered unprecedented challenges for companies striving to ensure a safe work environment. Scrutinizing the manner in which companies have addressed these challenges has so far been conducted...more

White and Williams LLP

NJ Essential Employees Can Expect a Presumption For Work-Related COVID-19

White and Williams LLP on

Any day now, the New Jersey assembly is expected to pass work-related COVID-19 legislation that was previously passed by the state senate and is expected to be signed by Governor Phil Murphy. The law is retroactive to...more

Amundsen Davis LLC

COVID Workers’ Compensation Amendment

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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

Sheppard Mullin Richter & Hampton LLP

New York Workers’ Compensation Law: Is COVID-19 Compensable?

As previously noted in our blog, workers’ compensation is an emerging area of concern for employers during the COVID-19 crisis. For New York employers in the heart of the pandemic, the question of whether one of their...more

Weber Gallagher Simpson Stapleton Fires &...

Workers' Compensation Academy: Proposed Legislation and Reduced Regulation - Managing Workers’ Compensation Claims Amid COVID - 19

Join our attorneys as they present information regarding COVID-19 and how it could affect workers' compensation legislation and reduce regulations in Pennsylvania. Stay tuned for future updates....more

Woods Rogers

Coronavirus and Virginia Workers’ Compensation

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How would the Virginia’s  Workers’ Compensation system deal with a virus like the Coronavirus (COVID-19)?  It is not to hard to imagine a scenario where a workplace outbreak of the virus leads to multiple worker’s...more

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