News & Analysis as of

Workers' Compensation Claim Coronavirus/COVID-19

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

Chartwell Law

A Case Law Summary: Stewart v. City of Philadelphia (WCAB)

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Stewart v. City of Philadelphia (WCAB), No. 490 C.D. 2024 (Pa. Cmwlth. Ct., April 15, 2025) - By way of brief history, Officer Stewart worked long hours during the COVID pandemic. In the fall of 2020, he regularly...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

Marshall Dennehey

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

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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

Weber Gallagher Simpson Stapleton Fires &...

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

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

Marshall Dennehey

Top 10 Developments in Delaware Workers’ Compensation in 2024

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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

Marshall Dennehey

Top 10 Developments in Florida Workers’ Compensation in 2024

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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

Weber Gallagher Simpson Stapleton Fires &...

COVID-19: When Should a Judge be Recused? And Who is an Essential Employee?

The NJ Appellate Court recently published a case of first impression to touch on this COVID case law Guiseppe Amato v Township of Ocean School District, which dealt with two issues: whether the Judge of Compensation should...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

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup - November 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

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup – October 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

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

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Appellate Roundup – June 2024

On June 13, the 3rd Dept. released one workers’ compensation decision. In So v. Erin’s Pharmacy, CV-23-1738 (3rd Dept. 2024), the Court held that the Board’s rejection of an outdated RB-89 appeal form was a reversible error....more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup - March 2024

This week the 3rd Department released four new cases with a particular focus on psychological injuries. Learn more below. First is Anderson v. City of Yonkers, the 3rd Dept. examined the way the Board reviews psychological...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...

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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

Marshall Dennehey

The Employer/Carrier Was Unable to Overcome Presumption, and COVID-19 Found to Be Work-related for Firefighter, Requiring Heart...

Marshall Dennehey on

Seminole County, Florida and Johns Eastern Company, Inc. v. Chad Braden, First District Court of Appeals - DCA#: 21-3530, Decision date: Dec. 13, 2023 - The claimant, a firefighter, was hired in 1993 after passing a...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup

Matter of Fernandez v. NYCTA. CV-23-0309 - The 3rd Dept. affirmed the Board’s decision to disallow this COVID-19 death claim. In this case, it involved an essential worker in the early days of COVID-19. The decedent was a...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

Laughlin, Falbo, Levy & Moresi LLP

Kuciemba Update: Supreme Court Answers Long-Awaited Questions on Family Member COVID-19 Claims

In a unanimous opinion, the California Supreme Court answered two questions posed to it by the Ninth Circuit Court of Appeal, finding that an employer is not liable for a COVID-19 injury sustained by an employee’s household...more

Laughlin, Falbo, Levy & Moresi LLP

LFLM LAW with L.A.W - Discovery for Covid-19 Claims

Welcome to LFLM LAW with L.A.W. - the podcast that dives deep into the intricacies of workers' compensation cases. Our host is Lindsay Wagenman, a Partner in our San Francisco office. In this episode, Kate Lozano, the...more

Sands Anderson PC

COVID-19: Vaccine Injury Compensation Status

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On May 5, 2023, the World Health Organization declared an end to the global health emergency caused by the SARS-CoV-2 virus, known as COVID-19. While the emergency has, in many ways, waned, the virus and the need for COVID-19...more

Rivkin Radler LLP

Insurance Update - January 24, 2023

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It was a busy end to the year, as courts handed down several key insurance decisions before ringing in 2023. The Ohio Supreme Court considered the contours of “direct physical loss or damage” in two separate decisions –...more

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