workers’ compensation – Coronavirus (COVID-19)

February 28, 2023February 28, 2023 by Duane Morris

California Ends Its COVID-10 State of Emergency, but Keeps Employer Obligations

On February 28, 2023, the COVID-19 state of emergency officially comes to an end in California. The “SMARTER Plan” is the next phase of California’s COVID-19 response. So what’s next for California employers?

The new nonemergency COVID-19 prevention regulations―adopted by the California Occupational Safety and Health Standards Board and effective February 3, 2023―remain in effect for the next two years, with reporting obligations in effect for the next three. The new regulations incorporated some requirements of the older Cal/OSHA emergency temporary standards and added new provisions designed to be easier and more flexible for employers.

Read the full Alert on the Duane Morris LLP website.

February 8, 2022 by Duane Morris

Slippery Slope Decision by California Appellate Court Allows Wrongful Death Claim from “Take Home” COVID-19 Exposure to Proceed

The California Court of Appeals has allowed an employee’s wrongful death case for her husband’s death from COVID-19 to proceed against her employer, concluding the claim was not barred by California’s Workers’ Compensation Act. The court found persuasive the trial court’s analogy to a decision permitting claims against employers for injuries to family members from “take home” exposures to asbestos.

To read the full text of this Duane Morris Alert, please visit the firm website.

September 25, 2020 by Duane Morris

New Workers’ Compensation Rules for COVID-19 in California

In what could be a sign of things to come across the country, a new workers’ compensation insurance law recently took effect in California that may make it easier for employees to obtain workers’ compensation insurance benefits if they become ill from COVID-19.

To read the full text of this Duane Morris Alert, please visit the firm website.

May 7, 2020September 3, 2020 by Duane Morris

California Executive Order Presumes Employees Who Contract COVID-19 Are Eligible for Workers’ Compensation Benefits

By Brooke B. Tabshouri

On May 6, 2020, Governor Gavin Newsom issued Executive Order No. N-62-20. The order states that employees will be presumed to have contracted COVID-19 in the course and scope of employment for purposes of workers’ compensation benefits if all of the following conditions are satisfied:

The employee contracts it within 14 days of performing labor at the employer’s direction and at the employer’s worksite;
If such work occurred on or after March 19, 2020;
The worksite was not the employee’s home; and
The positive test is confirmed by a physician within 30 days.

Continue reading “California Executive Order Presumes Employees Who Contract COVID-19 Are Eligible for Workers’ Compensation Benefits”

April 28, 2020September 1, 2020 by Duane Morris

Illinois Withdraws Emergency COVID-19 Workers’ Compensation Rule

The Illinois Workers’ Compensation Commission has withdrawn its April 16, 2020, emergency rule that would have established that all first responders and front-line workers asserting a workers’ compensation claim before the commission based on exposure to COVID-19 would be rebuttably presumed to have been exposed to the virus through their work.

To read the full text of this Duane Morris Alert, please visit the firm website.

April 22, 2020 by Duane Morris

Illinois Seeks to Protect Workers’ Compensation Claims of COVID-19 Claimants

In an effort to protect essential workers during the COVID-19 health crisis, the Illinois Workers’ Compensation Commission has issued an emergency rule. Effective April 16, 2020, all first responders and front-line workers asserting a workers’ compensation claim before the commission based on exposure to COVID-19 will be rebuttably presumed to have been exposed to the virus through their work and for their claim to have been caused by that exposure.

To read the full text of this Duane Morris Alert, please visit the firm website.