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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 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
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
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
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
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
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
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
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