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Employer Liability Issues Occupational Exposure Workers' Compensation Claim

Marshall Dennehey

Right to Subrogation for Medical Bill Payments Not Waived by Failing to Properly Preserve Issue at All Stages of Litigation,...

Marshall Dennehey on

City of Philadelphia v. Wayne Deloatch and Independence Blue Cross (WCAB); Independence Blue Cross v. City of Philadelphia and Wayne Deloatch (WCAB); No. 541 C.D. 2022 and No. 589 C.D. 2022; Filed Dec. 24, 2024 - Wayne...more

Marshall Dennehey

Claimant’s Conversation With Fellow Firefighter About Act 46 Cancer Presumption Was Not the Date He Became Aware of His Cancer’s...

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West Conshohocken Borough v. David Markland (WCAB); No. 1382 C.D. 2022; filed Jan. 2, 2025 - This case involved a Claim Petition filed based on an occupational disease. The claimant worked as a firefighter and filed an Act 46...more

Goldberg Segalla

Appellate Court Affirms Denial of Appellant’s Motion for Summary Judgment

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Jurisdiction: Court of Appeals of Minnesota - Appellant Westrock Minnesota Corporation f/k/a Waldorf Corporation (Waldorf), challenged the district court’s ruling, denying summary judgment on respondent’s asbestos-related...more

Husch Blackwell LLP

What Martin v. Goodrich Means for the Illinois’ Workers’ Compensation Landscape

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On January 24, 2025, the Illinois Supreme Court issued its long-awaited decision in Martin v. Goodrich Corp., upholding the constitutionality of a 2019 amendment to the Illinois Workers’ Occupational Diseases Act (the...more

Goldberg Segalla

Heat-Related Illnesses under New Jersey Workers’ Compensation Law

Goldberg Segalla on

With summer in full swing accompanied by record-high temperatures, employers should consider developing and implementing measures to mitigate  the risk of employees developing heat-related illnesses while working outside....more

Goldberg Segalla

Delaware Workers’ Compensation Statute Bars Civil Claim

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Superior Court of Delaware, New Castle - Plaintiff Jeffery Saunders filed an action against numerous defendants, alleging that he was exposed to asbestos-containing products and sustained resulting injuries...more

Chartwell Law

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

Chartwell Law on

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

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

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

Woodruff Sawyer on

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

McGlinchey Stafford

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

McGlinchey Stafford on

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

Jackson Lewis P.C.

Take-Home Exposure For COVID-19 Fails In California District Court

Jackson Lewis P.C. on

As COVID-19-related litigation increases, courts are being called upon to interpret the scope of employers’ duties to protect their employees with relation to the virus. Last week, a California federal judge dismissed a...more

McAfee & Taft

Employee’s spouse sues employer over COVID-19 infection

McAfee & Taft on

In order to prepare for issues Oklahoma employers could face in the future, we monitor lawsuits filed in other states that present new, unique, or challenging claims for employers. Keeping track of national trends makes...more

Chartwell Law

A Year in Review: 2020 New York Workers' Compensation Case Law Highlights

Chartwell Law on

1. WCL § 2(15): Occupational Disease - “The Nature of Employment” - Matter of Renko v. NY State Police, 185 AD3d 1198 (3d Dept 2020) - • Facts: Claimant, an auto body mechanic, alleged that he developed prostate cancer...more

Jackson Lewis P.C.

Employer Not Liable For Spouse’s COVID-19 Infection, California Court Rules

Jackson Lewis P.C. on

One year into the COVID-19 pandemic, U.S. courts are wrestling with a growing number of new legal theories related to COVID-19. Not surprisingly, California – the most populous state with some of the most employee friendly...more

Laughlin, Falbo, Levy & Moresi LLP

California Covid19 Claims Flowchart

California Governor Gavin Newsom signed Senate Bill 1159 into law on September 17, 2020. The law became effective immediately as of September 17, 2020 and created a presumption of compensability for workers compensation...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented Litigation Insights, Issue 26, October 2020

This 26th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us returning to now-familiar topics involving liability protection for businesses, wrongful death lawsuits (particularly those...more

Seyfarth Shaw LLP

Pen Down, Governor Newsom: California’s Newest Employment Laws

Seyfarth Shaw LLP on

Seyfarth Synopsis: September 30 was Governor Newsom’s last day to sign or veto bills the Legislature passed by its August 31 deadline. Some new laws—including COVID-19 supplemental paid sick leave and workers’ compensation...more

Troutman Pepper Locke

California Governor Expands COVID-19 Protections for California Employees and Imposes Additional Requirements on California...

Troutman Pepper Locke on

Q: Is there new legislation that expands COVID-19 protections to California employees? A: Since the beginning of 2020, employers have had to make significant changes to their operations due to an increasing number of newly...more

Fox Rothschild LLP

Employers Face Greater Burdens For COVID-19-Related Workers Compensation Claims

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Newly signed legislation makes it easier and faster for employees to obtain workers compensation benefits for contracting COVID-19. The statutes, which went into effect on Governor Gavin Newsom’s signing of SB 1159 on...more

Littler

California SB 1159 Expands Presumption of Workers’ Compensation Liability for COVID-19 Illness Claims

Littler on

Update: Governor Newsom signed SB 1159 into law on September 17, 2020. In May, California Governor Newsom signed Executive Order N-62-20, which created a rebuttable presumption that certain employees who test positive for...more

Robinson & Cole LLP

Connecticut Executive Order Presumes Eligibility for Workers’ Compensation for Certain Employees Diagnosed with COVID-19

Robinson & Cole LLP on

The Connecticut Workers Compensation Act (Act) provides wage replacement and medical benefits for employees who suffer a work-related injury or illness, including certain occupational diseases (defined in the Act to mean “any...more

Morrison & Foerster LLP

The SAFE TO WORK Act: An In-Depth Guide For Employers To The Senate's Proposed Coronavirus Liability Shield

On July 27, 2020, Senate Republicans introduced the HEALS Act, its response to the Democrat-backed stimulus bill, the HEROES Act. Although the HEALS Act is currently on life support in light of the stalemate in negotiations...more

White & Case LLP

Returning to Work: COVID-19, Workers' Compensation, and Employee/Consultant Waivers

White & Case LLP on

As states allow businesses to reopen and employers begin returning to the workplace, questions arise regarding the potential liability of employers if employees and consultants contract COVID-19 in the workplace—which might...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Tort Claims for Workplace Exposure to COVID-19: A Coming Wave?

While numerous states are acting to expand the scope of their respective workers’ compensation systems to embrace COVID-19-related workplace exposure claims, a persistent drip of tort claims threatens to breach the exclusive...more

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