News & Analysis as of

Employer Liability Issues Coronavirus/COVID-19 Workers' Compensation Claim

Marshall Dennehey

Commonwealth Court Affirms Denial of COVID-19 Workers’ Compensation Claim by Police Officer: E-Time Payments Not Evidence of...

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Terry Stewart v. City of Philadelphia (WCAB); No. 490 C.D. 2024; filed April 15, 2025; Judge Fizzano Cannon - The claimant contends that he contracted COVID-19 in the line of duty. Following his diagnosis, he was...more

Marshall Dennehey

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

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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

Ervin Cohen & Jessup LLP

Some, But Not All, California COVID-19 Laws Will Sunset at the End of 2023

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California’s COVID-19 notice requirements under California Labor Code § 6409.6, requiring employer notice to employees of COVID-19 exposures in the workplace, will expire at the end of 2023....more

Hinshaw & Culbertson - Employment Law...

A Pair Beats Four of a Kind: Take-Home COVID and the 'Rowland' Duty Factors

Repeatedly, people would make these and other more colorful comments whenever I would describe my case pending before the California Supreme Court: Because a construction worker swore the only place he could have contracted...more

Parker Poe Adams & Bernstein LLP

California Supreme Court Says Employers Not Liable for COVID-19 Spread to Employees' Family Members

Last week, the California Supreme Court responded to a request from the Ninth Circuit Court of Appeals to clarify whether an employer can be sued for negligence based on an employee who contracts COVID-19 at work and later...more

Payne & Fears

Employers Not Required to Prevent Spread of COVID to Employees’ Household, CA Court Holds

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The California Supreme Court released an opinion in Kuciemba v. Victory Woodworks Inc., finding that the exclusive remedy provisions of the California Workers’ Compensation Act (“WCA”) do not bar a non-employee’s recovery for...more

Fisher Phillips

New Laws for New York Employers in a New Year: What You Need to Know as 2023 Unfolds

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After a few years of rapid and expansive change to New York’s workplace laws, involving adjustments to workplace safety, employee pay, benefits, and privacy, there was a noticeable slowdown for the state legislature this past...more

Fisher Phillips

Top 10 New California Employment Laws Signed into Effect by Governor Newsom

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As we previewed previously, a number of hot-button legislative proposals made it to Governor Newsom’s desk this year – many of which would change the landscape for California employers. For the first time since the COVID-19...more

Chartwell Law

How the Rebuttable Presumption Influences COVID-19  Workers’ Compensation Claims in New Jersey

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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

Miller Nash LLP

“Take-Home COVID” Claims May Lead to Future Insurance Disputes

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What Are “Take-Home COVID” Claims? “Take-home COVID” claims are claims brought against an employer by the spouse or child of an employee who caught COVID-19 in the workplace and brought it home, infecting a spouse or child...more

Woodruff Sawyer

The Butterfly Effect: How Global Dynamics Are Impacting Workers’ Compensation Claims

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Recent national and world events have created a perfect storm for workers compensation (WC) claims. The move of baby boomers out of the workforce was already shifting demographics when the pandemic sparked the Great...more

Weber Gallagher Simpson Stapleton Fires &...

A Judge’s Decision in a Philadelphia COVID-19 Fatal Claim Petition, Advice For Employers

In light of the pandemic and its widespread impact on employee populations, many states have grappled with their workers’ compensation laws and regulations. These impacts are associated often with substantial medical costs...more

Robins Kaplan LLP

Take-Home COVID: The New Frontier?

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As COVID-19 continues to spread, so do the liability theories it leaves in its wake, including so-called “take-home” COVID-19 liability. “Take-home” liability first earned notoriety through lawsuits filed by mesothelioma...more

Akin Gump Strauss Hauer & Feld LLP

COVID-19-Related Orders and Legislation Governing Business Operations, Limiting Liability and Expanding Workers’ Compensation...

At the beginning of the COVID-19 crisis, the vast majority of states across the country implemented “stay at home” orders requiring the closure of, or severely restricting, nonessential business operations...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

Esquire Deposition Solutions, LLC

COVID-19 Litigation: Clear Sailing or Calm Before the Storm?

The last time we looked at litigation arising from the COVID-19 pandemic, it appeared that businesses and their insurers faced a grave risk of being buried by COVID-related lawsuits. So far, however, the worst fears within...more

Stikeman Elliott LLP

An Accident While Working From Home Can Still Cause an Occupational Injury

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Since the beginning of the pandemic caused by COVID-19, remote work has become the norm for many companies. However, even when work is performed at the worker's home, the worker can still file a claim with Quebec’s workers’...more

Fisher Phillips

PEO Pointers: Court Decision Means Employers Could Face COVID-19 Injury and Death Claims for Workplace Exposures

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Welcome to "PEO Pointers," a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance....more

Woodruff Sawyer

Communicable Disease Coverage in Workers’ Compensation and Casualty Programs

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COVID-19 brought a heightened interest to the treatment of communicable diseases in casualty insurance policies during 2020. The Delta and Omicron variants have renewed attention to communicable disease exclusions and...more

Spilman Thomas & Battle, PLLC

Are Vaccine-Related Injuries Compensable Under West Virginia Workers' Compensation?

Some West Virginia businesses have implemented COVID-19 vaccine mandates for employees. While the West Virginia COVID-19 Jobs Protection Act (W. Va. Code § 55-19-1 through § 55-19-9) protects people, businesses, and entities...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 4, 2021

Welcome to our final issue of the 2021 edition of SuperVision. Our attorneys have examined trending topics, discussed recent legal developments, and answered frequently asked questions. These are some of the issues we believe...more

Bricker Graydon LLP

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

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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

Fisher Phillips

Pending California Case Could Upend Workers’ Compensation “Exclusive Remedy” for COVID-19 Claims

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One silver lining for employers during the pandemic has been the reality that they shouldn’t fear any potential tort liability for COVID-19 cases stemming from the workplace – or should they? Most employers (and attorneys and...more

McGlinchey Stafford

[Webinar] Delta Deja Vu - What do we need to do now? - August 26th, 11:00 am CT

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The Delta variant of COVID-19 is wreaking havoc on businesses nationwide. Clients are contacting us daily with urgent questions as to how to deal with Delta and its impact on operations. As we ride the Delta wave, we...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights: Issue 3, 2021

[co-author: Kelsie Wiltse] Welcome to our third issue of the 2021 edition of SuperVision. It is no surprise that the ongoing COVID-19 pandemic is still causing issues -- and that certainly includes issues for employers....more

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