News & Analysis as of

Workers' Compensation Claim Burden of Proof Employer Liability Issues

Marshall Dennehey

Delaware Superior Court Reverses Industrial Accident Board Decision, Holding the Board Erred as a Matter of Law and Abused Its...

Marshall Dennehey on

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

Constangy, Brooks, Smith & Prophete, LLP

“Idiopathic” Defense To Workers’ Comp Claims Is Still Viable In Georgia, Court Rules

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

McDermott Will & Emery

California Law SB 1159 Creates Workers' Compensation Presumption

McDermott Will & Emery on

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

Fisher Phillips

California Enacts Workers’ Compensation Presumption That Applies To Most Employers With COVID-19 “Outbreaks”

Fisher Phillips on

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

Fisher Phillips

The California Legislature Is Back in Town! Which Pending Bills (and Executive Orders) Will Impact The Workplace?

Fisher Phillips on

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

Fisher Phillips

Illinois Significantly Alters Employers’ Burden Of Proof In COVID-19 Workers’ Compensation Claims

Fisher Phillips on

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

Foley & Lardner LLP

“Smoking Guns” and Unofficial Rules: A Reminder for Employers

Foley & Lardner LLP on

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

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