Mother of grocery store employee sues over her COVID-related death
A lawsuit filed by the mother of a disabled 27-year-old woman who worked in a Maryland grocery store when she became ill and died near the start of the pandemic is one of a small but likely growing number of cases filed by family members who claim their loved ones contracted the coronavirus and died as a result of an employer’s negligence. The family’s attorney argues she was not covered under workers’ compensation. Baltimore Sun
Attorney Anthony “T.J.” Jagoditz of Dinsmore & Shohl LLP discusses a recent decision by the Ohio Third District Court of Appeals that holds the mere filing of a request to amend a claim for additional conditions is not sufficient to toll the statute of limitations and, thus, an employer must be vigilant in making sure a request is actually for compensation or medical treatment around the time the statute of limitations is scheduled to expire. “It behooves an employer to pay careful attention to any motion being filed around the time a claim is nearing the statute of limitations,” writes Jagoditz. National Law Review
Attorney discusses ‘weed in the workplace’
Employers will have to continue to review, update, and carefully navigate workplace drug policies to ensure legal compliance with medical cannabis laws, based on employee locations and whether the employee’s use is medical or recreational, writes Ashley Bobo of Akerman LLP. JD Supra
Australia: AMA and police oppose repealing workers’ compensation cover for COVID
In Australia, doctors and police groups have urged the New South Wales government to abandon its plan to repeal an automatic presumption under workers’ compensation rules that essential workers were infected with COVID-19 on the job. The government introduced the bill in November to abolish the presumptive right to workers’ comp for essential employees who have with COVID-19. Sydney Morning Herald