News & Analysis as of

Workplace Injury Occupational Exposure

Parker Poe Adams & Bernstein LLP

Can Employers Fire Workers for Failure to Report Workplace Injuries?

Companies attempting to manage workers' compensation expenses often express frustration over injury claims made by employees weeks or even months after the alleged incident occurred. In some situations, such as those...more

Maison Law

California Farm Worker's Hurt on the Job: Know Your Rights

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California is home to a large and diverse agricultural industry where farm workers play a crucial role in the state's economy. However, the physical demands and hazardous conditions can often make farm work dangerous....more

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

Hissey, Mulderig & Friend, PLLC

How is Mesothelioma Diagnosed?: A Step-By-Step Guide

Workers whose jobs involved exposure to asbestos – including boilermakers, boiler workers, carpenters, factory workers, laborers, pipe coverers, and pipefitters – may be in danger of developing mesothelioma, asbestos lung...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

Littler

OSHA Issues New Inspection Guidance Targeting Animal Slaughtering and Processing Establishments

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On October 15, 2024, the U.S. Department of Labor released expanded guidance for OSHA inspections of employers in the animal slaughtering and processing industry. This guidance supersedes previous guidance issued in 2015,...more

Fisher Phillips

Top 7 New Workplace Safety Laws California Has Adopted – and Key Action Steps for Employers

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The California legislature has passed a slew of new workplace safety laws – many of which would change the landscape for California employers. Now that the September 30 deadline for the governor to sign or veto bills has...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

Commonwealth Court Affirms Denial of Claim Petition That Alleged Occupational Disease of Lead Toxicity

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Jerry Mercer v. Active Radiator MPN, Inc. (WCAB); No. 1326 C.D. 2023; filed June 3, 2024; Judge Fizzano Cannon - On August 24, 2018, the claimant advised the employer that he had sustained a work-related injury due to lead...more

Fisher Phillips

California Bill Would Give Farmworkers Extra Heat Relief: What Agricultural Employers Need to Know About the Crackdown on Heat...

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With California once again expecting extreme heat conditions this summer, state officials are ramping up efforts to protect agricultural workers by punishing employers who don’t comply with heat standards. The state is...more

Goldberg Segalla

[Webinar] Occupational Exposure/Repetitive Motion Claims – New Jersey and Beyond - May 16th, 1:30 pm - 2:30 pm EDT

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Occupational exposure claims usually become litigated. Ever wonder what your attorney is doing to evaluate and investigate the case behind the scenes? Join us for a look into the law and how to best posture these workers’...more

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

California Considers Workers’ Compensation Heat Illness Presumption for Agricultural Workers

In February 2024, California State Senator Dave Cortese introduced Senate Bill (SB) 1299. The bill would add section 3212.81 to the California Labor Code to establish a workers’ compensation presumption related to heat...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

Conn Maciel Carey LLP

Latest Cal/OSHA Updates- Standards Board Vote on the Revised Lead Regulations Expected on February 15th

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Standards Board Updates - While the latest Cal/OSHA Standards Board (the Board) meeting covered a wide range of topics, the upcoming vote on the controversial draft revised lead regulations was a main topic for both...more

Spilman Thomas & Battle, PLLC

New Occupational Safety and Health Administration Injury Reporting Rules

To improve the tracking of workplace illnesses and injuries, OSHA on January 2, 2024 began requiring electronic submission of OSHA Forms 300 and 301. Additionally, the following new changes and requirements go into effect,...more

Seyfarth Shaw LLP

Michigan Occupational Safety and Health Administration (MIOSHA) Cannabis – State Emphasis Program

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Seyfarth Synopsis: The State of  Michigan’s Occupational Safety and Health Administration (MIOSHA) Cannabis – State Emphasis Program (SEP) (August 28, 2023) was established to address safety and health hazards associated with...more

Seyfarth Shaw LLP

OSHA Injury and Illness Reporting: What Employers Need to Know

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Seyfarth Synopsis: Most employers understand that they are required to report serious injuries and illnesses to OSHA shortly after they occur. Even employers in low hazard industries who are not required to keep written OSHA...more

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

Cal/OSHA Advisory Committee Takes Up Proposed Emergency Regulation on Respirable Crystalline Silica Exposure

On August 9, 2023, the California Division of Occupational Safety and Health (Cal/OSHA) convened an advisory committee to provide input on proposed emergency changes to Title 8, section 5204, Occupational Exposures to...more

K&L Gates LLP

When Hot Is Too Hot: Workplace Safety Considerations for Employers as the Temperatures Climb

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According to the Bureau of Labor Statistics, since 2011, over 400 workers in the United States have died from environmental heat exposure, while thousands of other workers suffered from medical conditions related to...more

Ius Laboris

Managing extreme heat at work

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Europe is facing a week of extreme temperatures: what are the rules for dealing with a heatwave in the workplace in Germany and beyond? Summer has arrived. Temperatures are rising and this month has seen another heatwave in...more

Goldberg Segalla

Delaware Workers’ Compensation Statute Bars Civil Claim

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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

Goldberg Segalla

Defendant’s Motion for Summary Judgment under Longshore and Harbor Workers’ Compensation Act Granted

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Court: United States District Court for the Eastern District of Louisiana - Plaintiff Frank P. Ragusa Jr. filed an asbestos-related lawsuit in Civil District Court for the Parish of Orleans alleging he was exposed to...more

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