Injured lifeguard seeking workers’ comp

• A lifeguard is in critical condition at Howard University Hospital after suffering a medical emergency and falling into the pool at the Roosevelt Aquatic Center,
• The family has asked the D.C. government whether she qualifies for workers’ comp benefits and medical coverage.
• There are questions about whether her employment status included workers’ comp.
• There are also questions about whether there were enough lifeguards in the pool area when she fell out of her lifeguard chair and into the pool.
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Active-shooter drill lawsuit dismissed

• The Nebraska Supreme Court affirmed the dismissal of a lawsuit filed by a Catholic Charities employee who claimed she was harmed by a staged active shooter attack on her workplace in 2022.
• A former Catholic Charities employee, brought the lawsuit in Douglas County earlier this year after the fake shooting incident allegedly left her with physical and mental injuries.
• She claimed in the lawsuit that she should be able to hold Catholic Charities civilly liable for assault and intentional infliction of emotional distress.
• A judge previously dismissed the lawsuit, ruling that the Workers’ Compensation Court has exclusive jurisdiction to provide remedies for mental and physical workplace injuries under state statute.
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Legalization of marijuana could complicate workers’ comp

• Challenges are emerging issues in Florida’s insurance industry because of potential marijuana legalization.
• A panel at the Florida Chamber of Commerce’s Insurance Summit recently focused on workers’ comp and auto insurance and how those sectors might be affected by new potential laws.
• There are concerns about the ambiguity in reimbursing medical marijuana under workers’ comp.
• The state’s Supreme Court will rule on the proposed constitutional amendment to legalize non-medical marijuana use for adults in the 2024 ballot.
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South Dakota lawmaker wants change to workers’ comp

• South Dakota State Senator David Johnson is proposing legislation to address the need for workers’ compensation benefits.
• The proposed bill will be aimed at firefighters diagnosed with occupationally–related cancer. S
• The legislation would allow firefighters to file for benefits for types of cancers – seen much more frequently in firefighters than in the general public.
• The proposal would also shift the burden of proof from firefighters to insurance companies to deny benefits.
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