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United Parcel Service v. Willis, 2024 WL 5039034 (Del. Super. Ct. Dec. 6, 2024) - On June 8, 2021, at approximately 4 a.m., Mr. Willis was involved in single-vehicle accident when his work truck struck a guardrail. The...more
Katherine A. Lawry v. County of Butler (WCAB); No. 593 C.D. 2022; filed March 6, 2024; Judge Covey - The claimant suffered a work injury to her right thumb in the nature of a strain/sprain. The injury was later expanded by...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
Based on two Commonwealth Court decisions filed on March 17, 2023, medical marijuana is now medical treatment covered by the PA Workers’ Compensation Act (WC Act), and failure to pay is a violation of the Act, with up to 50%...more
The “idiopathic defense” to workers’ compensation claims is still a viable one, according to a recent decision from the Georgia Court of Appeals. “Idiopathic,” as defined by the Georgia Court of Appeals, means “injuries...more
On September 17, 2020, California Governor Gavin Newsom signed SB 1159 into law, which is effective immediately for all employers. The law does five things: (1) it codifies Governor Newsom’s Executive Order N-62-20 on a...more
California Governor Gavin Newsom just signed legislation that establishes a workers’ compensation presumption that will apply to most employers in the state that have a COVID-19 “outbreak” through 2022 – meaning it is much...more
After returning from its hiatus on May 4, the California legislature has wasted no time in drafting a flurry of new bills which will affect employers in the aftermath of the state’s response to COVID-19. While the state...more
Chartwell Law partners Jonathan Spadea and Jason Hanford discuss pending legislation in the United States House and Senate which is intended to provide a federal benefit to first responders who contract Covid-19. While a...more
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
This article is a follow up to the Coronavirus and Virginia Workers’ Compensation article and deals with how social distancing precautions and the Governor’s stay-at-home order may impact the Virginia workers’ compensation...more
Illinois has made it easier for certain workers who contract COVID-19 to be covered by the state workers’ compensation system. In an emergency amendment to the Rules of Evidence applicable to matters before the Illinois...more
The Workers’ Compensation Appeals Board (WCAB) issued a unanimous en banc decision on November 14, 2019 clarifying what the initial burden of proof is for a medical-legal lien claimant and what are defendant’s obligations in...more
House Bill 2 (“HB2”) was signed into law by Governor Matt Bevin and became effective in July 2018. Through HB2, the legislature enacted significant changes to multiple provisions of the Workers’ Compensation Act. One of the...more
If you work in human resources, or are an executive or employment lawyer, at some point you probably have thought, heard or said words to the effect of “Juries are very unpredictable and can do some crazy things.” I admit...more