Watch For These 4 Workers’ Comp Litigation Trends In 2022

From whether COVID-19 is reimbursable to developments in medical marijuana’s compensability, it has been a busy year for workers’ comp decisions at both the state and federal level.

Courts are continuing to make decisions on other, more common matters, such as when workers’ comp is an exclusive remedy as well.

Last month, the National Council on Compensation Insurance (NCCI) released its November 2021 Court Case update, highlighting a number of key decisions and litigation trends affecting the industry. Here are four of the top trends from the report.

1) COVID-19 Related Cases
NCCI’s report spotlighted four cases where either the compensability of COVID-19 or workers’ comp as an exclusive remedy is being tested in the courts.

In the first case, See’s Candies, Inc. et al. v. Superior Court of Los Angeles County, California’s Second Appellate District court will decide whether the workers’ comp exclusive remedy would prevent a lawsuit from a See’s Candies employee who alleges that the candy makers’ failure to implement sufficient safety protocols caused her to contract the virus, leading to her husband’s eventual death from COVID-19.