News & Analysis as of August 28, 2025

Workers’ Compensation

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Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms helping to make sense of insurance, employment, tax, securities, M&A, risk management, and every other consideration touched by this crisis. Follow the channel for a daily email brief of the latest and best updates. less -

Commonwealth Court Affirms Denial of Reinstatement and Penalty Petitions in COVID-19 Workers’ Compensation Case

Marshall Dennehey on 4/14/2025

William Bolds v. City of Philadelphia (WCAB); No. 488 C.D. 2024; filed February 25, 2025; Senior Judge Leavitt - A former police officer’s attempt to reinstate workers’ compensation benefits following a COVID-19 diagnosis was...more

Claimant’s Receipt of Administrative Time While Out Due to COVID-19 is Not Payment in Lieu of Workers’ Compensation Benefits

Marshall Dennehey on 2/28/2025

Jaime Brown v. City of Philadelphia (WCAB); No: 465 C.D. 2024; filed January 17, 2025 - In November 2020, the claimant, a police officer, was out of work for a physical injury. He returned to restricted-duty work on November...more

January 2025 Insurance Update

Rivkin Radler LLP on 1/23/2025

We kick off the year with a quartet of state supreme court decisions and an intermediate appellate court ruling that has insurers breathing a harmonious sigh of relief. Policyholders and insurers often disagree over what the...more

3rd Dept. Affirms Disallowance of Covid Vaccine Claim: Employer Not Liable for Encouraged Vaccination Adverse Reactions

Weber Gallagher Simpson Stapleton Fires &... on 1/7/2025

In Shmulsky v. Hudson Headwaters Heath 3rd Dept., a Covid Vaccine case, it’s hard to believe that the Law Judge initially found in favor of the claimant. On December 19, 2024, the 3rd Dept. affirmed the disallowance of a...more

Top 10 Developments in Delaware Workers’ Compensation in 2024

Marshall Dennehey on 12/30/2024

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

Top 10 Developments in Florida Workers’ Compensation in 2024

Marshall Dennehey on 12/30/2024

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

New York Workers’ Compensation Ruling Roundup – November 2024 #2

Weber Gallagher Simpson Stapleton Fires &... on 11/19/2024

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

New York Workers’ Compensation Ruling Roundup - November 2024

Weber Gallagher Simpson Stapleton Fires &... on 11/11/2024

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

New York Workers’ Compensation Ruling Roundup – October 2024

Weber Gallagher Simpson Stapleton Fires &... on 10/15/2024

The 3rd Department released nine new decisions on various cases in New York Workers’ Compensation. CV-22-2159 Matter of Olorode v Streamingedge, Inc. In this case, the claimant tried to increase his loss of wage-earning...more

The Appellate Division Reversed and Remanded a Trial Court Order Denying the Plaintiffs’ Motion to Amend Their Complaint and...

Marshall Dennehey on 8/29/2024

Estate of Alfredo Pabatao, et al. v. Palisades Med. Ctr., et al., No. A-1740-22 (Apr. 24, 2024) - The plaintiffs had filed a complaint for survival and wrongful death against the defendants, asserting the defendants caused...more

The Covid-19 Presumptions: Are They Truly Gone?

Laughlin, Falbo, Levy & Moresi LLP on 2/16/2024

For more than three years, virtually everyone in the California workers’ compensation community had become familiar with the Covid-19 presumptions. Labor Code sections 3212.86, 3212.87, and 3212.88 were passed as emergency...more

A Workers’ Compensation Judge’s Approval of a Section 20 Settlement Can Be Contingent on a Petitioner’s Live Testimony

Marshall Dennehey on 1/15/2024

Key Points: A workers’ compensation judge has the discretion to require live testimony from a petitioner as a condition for approval of a Section 20 settlement. The New Jersey Appellate Division defers to a judge’s findings...more

Risk of Exposure to COVID-19 at Employer’s Poultry Processing Plant Was Not Distinct From That Attending Employment in General.

Marshall Dennehey on 12/29/2023

Fowler v. Perdue Farms, 2023 WL 6888918 (Del. Super. Oct. 18, 2023) - Mr. Fowler alleged that he suffered a compensable COVID-19 exposure while working as a “boxer” at a poultry processing plant. The Industrial Accident Board...more

Crisis Averted: California Employers Are Not Liable for “Take-Home” COVID Cases.

Proskauer - California Employment Law on 7/12/2023

Last week, the California Supreme Court unanimously ruled that employers are not liable to nonemployees who contract COVID-19 from employee household members that bring the virus home from their workplace, because “[a]n...more

California COVID-19 Employment Regulations Extended Through 2023

Perkins Coie on 11/23/2022

In 2022, California again passed assembly bills related to COVID-19. The recent legislation extended some employer obligations while easing others. Touching upon many topics, these bills address supplemental paid sick leave,...more

Expiration Dates – Evaluating Your Current COVID Policies

Dentons on 10/21/2022

Many things have an expiration date - cheese, meat, medicine, certain fashion choices, but some things linger well past their “use by” date – like three-week-old takeout in the very back corner of your refrigerator. During...more

First Look - Summer 2022: Insurance Newsletter

Steptoe & Johnson PLLC on 7/1/2022

Change is a constant in the world today. This is particularly true of the past two tumultuous years, which saw a worldwide pandemic that impacted nearly every aspect of everyday life. Rapidly advancing technology and...more

Revisiting Remote Workforces – They May Be Here to Stay in Some Form

Foster Garvey PC on 5/13/2022

Early in the pandemic, I reported on the widespread newly created remote workforces resulting from stay-at-home orders issued by the governors of most states. In many cases, neither the employer nor the workers were prepared...more

Reducing workers’ compensation and OSHA liability during COVID-19 and beyond

Bricker Graydon LLP on 10/5/2021

As the world navigates work-from-home opportunities in the post-COVID era, health care companies are considering their options too. This article provides a practical look into workers’ compensation and OSHA considerations so...more

BWC Proposes New Rule Excluding COVID-19 Claims From An Employer’s Experience Rating

Roetzel & Andress on 5/28/2021

The Bureau of Workers’ Compensation (BWC) is proposing a new rule which will exclude COVID-19 claims from an employer’s experience rating. In proposing the new rule, the BWC noted that pandemics are generally...more

Multistate Compliance for Employers With Out-of-State Remote Employees

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/26/2021

The COVID-19 pandemic has shifted a number of previously in-person positions to remote work and telecommuting. In the meantime, many employees have moved out of state from their usual office locations for personal or...more

WV Commissioner Addresses Coverage of COVID-19-related Workers’ Comp Claims

Steptoe & Johnson PLLC on 3/18/2021

Several states have passed laws addressing the compensability of COVID-19-related workers’ compensation claims. West Virginia hasn’t enacted any specific legislation about whether contracting the coronavirus should qualify as...more

So Your Employee Wants To Work Remotely Out Of State

Amundsen Davis LLC on 3/9/2021

Given the “new normal” of remote work for many employees throughout the country, the question as to whether to allow an employee to work in another state – either permanently or temporarily – has become something employers...more

A to Z of What California Employers Need to Know for 2021

BakerHostetler on 1/6/2021

With the new year comes new laws that affect California employers. The following are the A to Z of changes in the law that may affect your business in 2021....more

California Extends Premium Relief Obligations

McDermott Will & Schulte on 12/14/2020

On December 3, 2020, Commissioner Ricardo Lara of the California Department of Insurance (“Department”) indefinitely extended the requirement that admitted property and casualty and workers’ compensation insurers provide...more

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