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.

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.

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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The Illinois Workers’ Compensation Commission has withdrawn its April 16, 2020, emergency rule that would have established that all first responders and front-line workers asserting a workers’ compensation claim before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.

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.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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