The Risk Roundtable: Demystifying the Intersection Between NJ Workers' Comp & Employment Practice Liability
LFLM LAW with L.A.W - ADR – An Alternative Solution for Workers’ Compensation Claims w
The Chartwell Chronicles: Dependency
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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
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
We kick off the year with a quartet of state supreme court decisions and an intermediate appellate court ruling that has insurers breathing a harmonious sigh of relief. Policyholders and insurers often disagree over what the...more
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
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
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
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
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
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
Estate of Alfredo Pabatao, et al. v. Palisades Med. Ctr., et al., No. A-1740-22 (Apr. 24, 2024) - The plaintiffs had filed a complaint for survival and wrongful death against the defendants, asserting the defendants caused...more
For more than three years, virtually everyone in the California workers’ compensation community had become familiar with the Covid-19 presumptions. Labor Code sections 3212.86, 3212.87, and 3212.88 were passed as emergency...more
Key Points: A workers’ compensation judge has the discretion to require live testimony from a petitioner as a condition for approval of a Section 20 settlement. The New Jersey Appellate Division defers to a judge’s findings...more
Fowler v. Perdue Farms, 2023 WL 6888918 (Del. Super. Oct. 18, 2023) - Mr. Fowler alleged that he suffered a compensable COVID-19 exposure while working as a “boxer” at a poultry processing plant. The Industrial Accident Board...more
Last week, the California Supreme Court unanimously ruled that employers are not liable to nonemployees who contract COVID-19 from employee household members that bring the virus home from their workplace, because “[a]n...more
In 2022, California again passed assembly bills related to COVID-19. The recent legislation extended some employer obligations while easing others. Touching upon many topics, these bills address supplemental paid sick leave,...more
Many things have an expiration date - cheese, meat, medicine, certain fashion choices, but some things linger well past their “use by” date – like three-week-old takeout in the very back corner of your refrigerator. During...more
Change is a constant in the world today. This is particularly true of the past two tumultuous years, which saw a worldwide pandemic that impacted nearly every aspect of everyday life. Rapidly advancing technology and...more
Early in the pandemic, I reported on the widespread newly created remote workforces resulting from stay-at-home orders issued by the governors of most states. In many cases, neither the employer nor the workers were prepared...more
As the world navigates work-from-home opportunities in the post-COVID era, health care companies are considering their options too. This article provides a practical look into workers’ compensation and OSHA considerations so...more
The Bureau of Workers’ Compensation (BWC) is proposing a new rule which will exclude COVID-19 claims from an employer’s experience rating. In proposing the new rule, the BWC noted that pandemics are generally...more
The COVID-19 pandemic has shifted a number of previously in-person positions to remote work and telecommuting. In the meantime, many employees have moved out of state from their usual office locations for personal or...more
Several states have passed laws addressing the compensability of COVID-19-related workers’ compensation claims. West Virginia hasn’t enacted any specific legislation about whether contracting the coronavirus should qualify as...more
Given the “new normal” of remote work for many employees throughout the country, the question as to whether to allow an employee to work in another state – either permanently or temporarily – has become something employers...more
With the new year comes new laws that affect California employers. The following are the A to Z of changes in the law that may affect your business in 2021....more
On December 3, 2020, Commissioner Ricardo Lara of the California Department of Insurance (“Department”) indefinitely extended the requirement that admitted property and casualty and workers’ compensation insurers provide...more