News & Analysis as of

Infectious Diseases Coronavirus/COVID-19

Marshall Dennehey

Examining the Limits of the State-Created Danger Doctrine

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Cappel v. Aston Twp. Fire Dep’t, 693 F. Supp. 3d 467 (E.D. Pa. 2023) - During the COVID-19 pandemic, the decedent’s family urgently called 911 as she struggled to breathe and had dangerously low blood-oxygen levels. However,...more

Seyfarth Shaw LLP

 That’s It, Folks! Cal/OSHA’s COVID Rule Has (Mostly) Expired

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As of February 3, 2025, California’s COVID-19-specific workplace regulations will expire, though employers must still track COVID-19 cases until February 3, 2026. Cal/OSHA can enforce COVID-19 as a workplace hazard under the...more

Fisher Phillips

Cal/OSHA’s COVID-19 Rule About to Expire – But Employers Have 2 Lingering Compliance Obligations

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The California workplace safety rule that required employers to adopt and deploy measures to address COVID-19 hazards is set to sunset on February 3 – but there are some wrinkles that will require you to continue with some...more

Fisher Phillips

Biden’s OSHA Abandons COVID-19 Regulation in Favor of Broader Infectious Disease Standard: What Healthcare Employers Need to Know

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In the waning days of the Biden administration, federal workplace safety officials finally scrapped plans to finalize an outdated COVID-19 regulation – but started the ball rolling on a broader infectious disease standard...more

Littler

OSHA Withdraws Proposed Rules Involving COVID-19 and Infectious Diseases

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Last week, OSHA published a notice in the Federal Register that it was withdrawing its proposed rule, Occupational Exposure to COVID-19 in Healthcare Settings, effective immediately. OSHA explained it was withdrawing the...more

McGuireWoods LLP

North Carolina Supreme Court Unlocks the Door to COVID-19 Business Interruption Coverage, Holding that Pandemic-Era Restrictions...

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Last week, the North Carolina Supreme Court issued its long-awaited ruling in North State Deli, LLC v. The Cincinnati Insurance Company, siding with a group of North Carolina restaurants that sought business interruption...more

Burr & Forman

COVID Immunity Upheld to Protect Health Care Providers

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On October 4, 2024, the Alabama Supreme Court issued an opinion confirming and upholding the validity of not only the Governor’s Executive Order of May 8, 2020, providing immunity from negligence claims during the COVID-19...more

Weber Gallagher Simpson Stapleton Fires &...

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

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

Marshall Dennehey

The Delaware Supreme Court Affirms Decision That a COVID-19 Workplace Exposure at a Poultry Processing Plant Did Not Qualify as a...

Marshall Dennehey on

Fowler v. Perdue, 2024 WL 3196775, --- A.3d --- (Del. June 24, 2024) - Mr. Fowler alleged that he suffered a compensable COVID-19 exposure while working as a “boxer” at a poultry processing plant. The Industrial Accident...more

Sands Anderson PC

Vaccination Injury is a Matter of Time

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If you believe you were injured by any of the 16 vaccines covered under the National Vaccine Injury Compensation Program you must have symptoms of the claimed injury lasting at least six months to be able to file a claim for...more

Bennett Jones LLP

Mixed Success at The B.C. Supreme Court in Rare Common Issues Trial in Employment Class Action

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While applications for certification of class proceedings are commonplace, trials to decide certified common issues on their merits are comparatively rare. The decision in one such common issues trial was recently released in...more

Fisher Phillips

So You Think This COVID Thing Has Ended? Not So Fast! 5 Tips for Employers to Prepare for Cold, Flu, and COVID Season

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For many businesses, the pandemic seems like a distant memory, but COVID-19 is not entirely behind us. Indeed, as the cold and flu season approaches, the CDC predicts that COVID-19 cases will increase across the country. Such...more

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

Littler on

In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

Patrick Malone & Associates P.C. | DC Injury...

Better Health Care Newsletter - August 2024

True story: A doctor who specialized in end-of-life care was called in to advise a dying patient’s spouse who was pushing for a planned procedure. Don’t do it, the palliative care doctor said;  waking her dying and heavily...more

Ius Laboris

Canadian court upholds termination of unvaccinated worker

Ius Laboris on

The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Marshall Dennehey

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

Marshall Dennehey on

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

Mintz - Employment Viewpoints

The CDC Issues New COVID-Related Guidance: What This Means for Employers

For the first time since 2021, the Center for Disease Control and Prevention (CDC) issued new guidance relaxing the quarantine requirements for COVID-19.  The new guidance is the result of fewer COVID-related deaths and...more

Fox Rothschild LLP

Workplace Practices Could Change Following CDC’s New COVID-19 Guidance

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The U.S. Centers for Disease Control and Prevention (CDC) recently released updated guidance regarding COVID-19. On March 1, 2024, the CDC eliminated its recommendation that people who contract the virus isolate for five...more

Seyfarth Shaw LLP

If Pain, Yes Gain – Part 120: CDC Shortens COVID-19 Isolation Guidelines; Potential Impact on New York COVID-19 Paid Leave

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On March 1, 2024, the CDC scaled back its guidance regarding COVID-19, most notably ending its recommendation of a five-day quarantine following a positive COVID-19 diagnosis....more

Bond Schoeneck & King PLLC

CDC Updated Guidance Regarding COVID-19 and Its Potential Impact on New York State COVID-19 Paid Leave

On March 1, 2024, the Centers for Disease Control and Prevention (CDC) issued updated guidance related to COVID-19 prevention and treatment. Prior to March 1, 2024, the CDC recommended that individuals who test positive for...more

Jackson Lewis P.C.

What Employers Should Know About the Latest CDC COVID-19 Guidance

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It has been almost exactly four years since the COVID-19 pandemic changed the American working landscape. Many of us followed the Centers for Disease Control and Prevention (CDC) through multiple changes and guidance,...more

Seyfarth Shaw LLP

CDC Trims COVID-19 Isolation Guidance: COVID-Positive Individuals Need Only Isolate for 24 Hours After Being Fever-Free

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Seyfarth Synopsis: The United States Centers for Disease Control and Prevention (CDC) is shifting its COVID-19 isolation guidance, advising that COVID-positive individuals no longer need to isolate once they have been...more

Littler

That’s A Wrap! CDC Reduces Recommended COVID-19 Isolation Period

Littler on

On March 1, 2024, the Centers for Disease Control and Prevention announced that it is updating its COVID-19 guidance and is no longer recommending that individuals who test positive for COVID-19 isolate for five days.  The...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 29 - A Global Perspective on the Economic Responses to COVID-19

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While COVID-19 stimulus aid enforcement continues to make headlines in the United States, a very different situation is unfolding in Europe. Jim Power, a prominent economic analyst, joins host Matt Adams for an eye-opening...more

Bennett Jones LLP

Fundamental Breach or Reasonable Balance? Alberta Court Affirms Employer’s Mandatory COVID-19 Vaccination Policy

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In the case of Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Van Hee), Justice L.L. Burt of the Alberta Court of Justice (the Court) held that an employer was justified in unilaterally placing an employee on an unpaid...more

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