Workers' Compensation

Recent Posts

Delaware: Board, Not Trial Court, Must Decide if COVID-19 is Occupational Disease
Posted on 30 Aug 2021 by Thomas A. Robinson

A Delaware Superior Court held that it was for the state’s Industrial Accident Board, not the trial court, to determine whether COVID-19 was an occupational disease and, therefore, whether the plaintiff’s action against an employer for alleged... Read More

United States: Detention Officer's Tort Claim Alleging Unsafe Work Conditions Due to COVID-19 Held Barred
Posted on 19 Jan 2021 by Thomas A. Robinson

Allegations by a former prison detention officer that his former employer was liable in tort for negligent supervision and intentional infliction of emotional distress (IIED) were dismissed by a federal district court sitting in California. The plaintiff... Read More

United States: Exclusive Remedy Rule Bars IIED Claim For Failure to Provide Adequate COVID-19 Protections
Posted on 18 Oct 2020 by Thomas A. Robinson

Construing California law, a federal district court held a plaintiff's IIED tort action filed against her former employer for failure to provide adequate COVID-19 protocols is barred by the exclusive remedy of California's workers' compensation... Read More