News & Analysis as of

Workplace Injury Coronavirus/COVID-19

Marshall Dennehey

New Jersey Appellate Division Finds the Decedent, a Full-time Teacher Who Died of COVID-19, Was an Essential Employee

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Amato v. Twp. of Ocean Sch. Dist., No. A-2542-23 & A-2543-23 (November 25, 2024, approved for publication) - The petitioner filed a dependency claim in which he alleged the decedent (his wife) contracted COVID-19 during 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

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 &...

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...

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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

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...

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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

Jackson Lewis P.C.

Reminder to Post 2023 Annual Summary of Work-Related Injuries and Illness in February

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Unless exempt, California employers are required to post their annual summary of work-related injuries and illnesses, in a visible and easily accessible area at every worksite from February 1st through April 30th. Cal/OSHA’s...more

Marshall Dennehey

A Workers’ Compensation Judge’s Approval of a Section 20 Settlement Can Be Contingent on a Petitioner’s Live Testimony

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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

Amundsen Davis LLC

OSHA—Critical Updates for 2023 & 2024

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OSHA has been particularly busy and aggressive lately, making good on Biden Administration promises and talking points—hiring more inspectors, appointing new administrators, conducting more inspections, aggressively issuing...more

Jackson Lewis P.C.

What Manufacturers Should Know About the ADA’s Exception for ‘Transitory and Minor’ Impairments

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Under the Americans With Disabilities Act Amendments Act (ADAAA), employers have a viable defense to an Americans With Disabilities Act (ADA) “regarded as” claim if the impairment in question was “transitory and minor,”...more

ArentFox Schiff

California’s COVID-19 Non-Emergency Prevention Standard Takes Effect

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The California Occupational Safety and Health Standards Board’s COVID-19 Prevention Non-Emergency Regulation is now in place. It took effect on February 3, 2023, following approval by the state’s Office of Administrative Law....more

Farella Braun + Martel LLP

California Extends Presumption of COVID-19 as Workers’ Compensation Injury and Modifies Notice Requirements for Potential Exposure

In addition to AB 152 extending COVID-19 leave through December 31, 2022, Governor Gavin Newsom has also signed into law two other COVID-related bills—AB 1751 and AB2693—affecting employers’ policies regarding employees who...more

Chartwell Law

How the Rebuttable Presumption Influences COVID-19  Workers’ Compensation Claims in New Jersey

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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

Woodruff Sawyer

Workers’ Comp for Remote Employees: Here’s What You Need to Know

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Much has changed in the two-and-a-half years since March 2020, when most of the country went into lockdown due to COVID-19 and most businesses moved to remote work models. As a result of mass layoffs and employee absences due...more

Fisher Phillips

The Top 18 Workplace Law Stories from March 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Seyfarth Shaw LLP

OSHA To Address Soaring Injury Rates at Healthcare Facilities

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Seyfarth Synopsis: The U.S. Department of Labor reported today that “U.S. healthcare workers experienced a staggering 249 percent increase in injury and illness rates in 2020, based on employer-reported data, as they...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

German Court Rules Occupational Accidents at Home May be Covered by Statutory Accident Insurance

In the past, Germany’s Federal Social Court (Bundessozialgericht or BSG) has been reluctant to classify employee accidents that employees sustain in their homes as occupational accidents covered by the statutory accident...more

Littler

Littler Global Guide - Germany - Q4 2021

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Infection Protection Act Amended - New Legislation Enacted - According to the amendments to the Infection Protection Act, which came into force on November 24, 2021, and apply until March 19, 2022, employers and employees...more

Jackson Lewis P.C.

300A Alert! Reminder to Post and Report Annual Summary of Work-Related Injuries and Illnesses

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California employers are required to post their annual summary of work-related injuries and illnesses, including COVID-19 illness, in a visible and easily accessible area at every worksite from February 1st through April...more

Fisher Phillips

PEO Pointers: Court Decision Means Employers Could Face COVID-19 Injury and Death Claims for Workplace Exposures

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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

Fisher Phillips

California Court Ruling Opens Door to COVID-19 Claims by Non-Employees Catching Virus from Workers

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A common question posed during the pandemic has been whether employers can face liability for COVID-19 infections originating in the workplace. As to employees who contract COVID-19, the answer has been that an employee’s...more

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