Divided Nebraska Supreme Court Says COVID-19 Might Be Occupational Disease

Louisiana Court Says COVID-19 Was Not an Occupational Disease

Issue Commentary: COVID-19 Claims in States Without Presumptions

Arizona Widow Awarded Death Benefits in Connection With Husband’s COVID-19 Exposure

Issue Commentary: Courts Are Mixed in Deciding Compensability of COVID-19 Without Aid of Presumptions

Ohio Court Affirms Finding that Furnace Worker’s COVID-19 Was Not Compensable

Finding that a furnace worker had failed to establish the necessary third prong in the definition of occupational diseases—that his employment created a risk of contracting the disease (here, COVID-19)...

To Rebut Idaho’s Cancer Presumption Favoring Firefighters, Employer Must Offer Evidence that Cancer was Not Caused by Employment

The Supreme Court of Idaho, construing Idaho Code § 72-438(14)(b), which generally provides firefighters with a rebuttable presumption that certain listed cancers have a causal connection with the employment, held...

NY Board Errs in Setting Disablement Date for Repetitive Stress Injury

A decision by the New York Workers’ Compensation Board that a claimant should have been aware of the work-related nature of his back pain and injury in June 2017, at...

Ex Parte Letter to Treating Physician Sinks NY Truck Driver’s Occupational Disease Claim

Stressing that it is for the New York Workers’ Compensation Board to weigh the evidence—including the medical evidence—and that the Board’s findings will be upheld if supported by substantial evidence,...

Utah High Court Hints that Intentional Tort Exception to Exclusivity Might Not Apply to Occupational Disease Claims

Observing that Utah has recognized the intentional tort exception to exclusivity in cases falling under the state’s Workers’ Compensation Act (WCA), but had not (yet) extended the exception to cases...

Delaware Board Must Decide if COVID-Related Claim is Compensable

The 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...

NY Court Remands Case Where Occupational Disease Disablement Date Was Close to Date Policy Lapsed

Where an employee retired in 2014, and was determined to be disabled by an occupational disease in 2016, at which time his employer had no workers’ compensation policy in effect–and...