In an important case that may define—at least in California—an employer’s responsibility for injuries sustained when an employee’s family member contracts COVID-19 as a result of an infection that is...
California High Court May Take Another Look at Employer’s Liability for COVID-19 Contracted by Employee’s Family Member California High Court May Take Another Look at Employer’s Liability for COVID-19 Contracted by Employee’s Family MemberA federal district court, sitting in Texas and construing Texas law, granted a defendant-employer’s motion for summary judgment in a civil action filed against it by the family of a...
Civil Action Related to COVID-19 Death of Texas Employee Barred by Exclusivity Civil Action Related to COVID-19 Death of Texas Employee Barred by ExclusivityIn an important decision that is certain to garner attention well beyond California’s borders, a California appellate court denied a petition for writ of mandate filed by an employer who...
California Comp Act Does Not Bar COVID-19 Wrongful Death Claim California Comp Act Does Not Bar COVID-19 Wrongful Death ClaimThe Superior Court of Delaware (New Castle) held that the issue of whether an employee’s fatal COVID-19 infection was an injury or occupational disease must be determined by the state’s...
Delaware Board Must Decide if COVID-Related Claim is Compensable Delaware Board Must Decide if COVID-Related Claim is CompensableA federal district court, sitting in California, granted–in relevant part–an employer’s motion to dismiss two causes of action alleging negligent supervision and intentional infliction of emotional distress filed by a...
Federal Court (Cal.) Says Tort Claim Alleging Unsafe COVID-19 Conditions is Barred by Exclusivity Rule Federal Court (Cal.) Says Tort Claim Alleging Unsafe COVID-19 Conditions is Barred by Exclusivity RuleSeveral weeks ago, an attorney friend called for some advice. One of his clients had asked if the client’s business might face additional liability if–once the COVID-19 vaccines are generally...
Opinion Mondays: Do Employers Face Additional Liability for COVID-19 Vaccination Side Effects? Opinion Mondays: Do Employers Face Additional Liability for COVID-19 Vaccination Side Effects?Within the community of workers’ compensation professionals, most of our COVID-19 attention has been directed to presumptions of compensability and to the relatively unprecedented awarding of benefits to employees who...
Opinion Mondays: COVID-19 and the Going and Coming Rule Opinion Mondays: COVID-19 and the Going and Coming RuleWhile many politicians and pundits are still trying to digest what did, or didn’t happened in the national election races, at least one state-level electoral preference was made abundantly clear....
Opinion Mondays: California Voters Tell Elected Officials to Leave Their Ride-Sharing Alone Opinion Mondays: California Voters Tell Elected Officials to Leave Their Ride-Sharing AloneIn a decision that has important ramifications for other claims filed in the Empire State by employees working from home due to the COVID-19 pandemic, a state appellate court reversed...
NY Board May Not Employ "Novel" Standard for Work-at-Home Injuries NY Board May Not Employ "Novel" Standard for Work-at-Home InjuriesThe Supreme Court of Wyoming held a state district court did not err when it rejected a determination by Office of Administrative Hearings that a worker’s claim for a work-related...
Wyoming Claim Involving Flesh-Eating Bacteria Not Barred by "Communicable Disease Exclusion" Wyoming Claim Involving Flesh-Eating Bacteria Not Barred by "Communicable Disease Exclusion"A federal district court in California recently held that a plaintiff’s claims against her former employer, a private operator of correctional facilities, for negligent supervision and intentional infliction of emotional...
California Employee's IIED Claim Against Employer for Inadequate COVID-19 Protocols Barred by Exclusivity California Employee's IIED Claim Against Employer for Inadequate COVID-19 Protocols Barred by ExclusivityRecently, I had an occasion to spar with a young reporter who was gathering background information on a COVID-19 piece that she’s preparing. She’s only been in the legal news...
Opinion Mondays: COVID-19 Presumptions Don't Stand Alone in the Workers' Comp World Opinion Mondays: COVID-19 Presumptions Don't Stand Alone in the Workers' Comp World