Nurse’s Family Appeals North Carolina Workers’ Comp Denial Over COVID Death
- The family of a North Carolina nurse who died from COVID-19 is appealing a denied workers’ compensation claim.
- While the NC Industrial Commission blocked benefits after finding the infection was not workplace-related, the appeal argues the commission ignored federal safety standards regarding healthcare exposure.
- The legal brief contends the ruling speculatively favored the employer over demonstrated risks.
- The case now rests with the state Appeals Court.
Court Denies Benefits for Heart Attack Lacking Medical Causation Link
The Intermediate Court of Appeals of West Virginia affirmed the rejection of a deputy sheriff’s workers’ compensation claim. The claimant argued his heart attack resulted from work activities while apprehending a suspect. However, the court ruled that he failed to provide necessary medical evidence connecting the injury directly to his employment. Without this proof, linking the incident to his job duties remained pure speculation rather than a compensable work injury.
NY Appellate Court Protects Employers’ Right to Controvert Workers’ Comp Claims
- An appellate court ruled that entering “L-With Liability” on medical-only forms does not waive an employer’s right to dispute a claim.
- The decision stems from Shakil v. NYCTA, where a claimant’s counsel unsuccessfully argued the eFiling entry constituted a waiver.
- Instead, judges clarified that failure to file timely disputes or benefit payments may trigger penalties but not preclusion.
- Ultimately, strict legal deadlines for controverting claims remain limited to specific statutory windows.