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Treatment Allegedly Outside Guidelines Still Reasonable, Necessary for Worker
04/29/2024
judicial notice of the guidelines but they cannot be used to establish disputed facts.
Here the disputed fact was whether the surgery was reasonable and necessary Miller said. Rook did not seek a presumption that it was and Eskander did not testify that his recommendation for surgery conformed to
Category: News
Split Supreme Court Addresses Standard of Review, Burden of Proof for Apportionment
04/25/2024
injury or condition the majoritys holding presumes it is included in the amount of compensation allowed and places the burden on the employer to prove the negative and rebut such presumption he said. The statute clearly does not place such a burden on the employer.
By shifting the burden to the
Category: News
Notice of Intent to Contest Claim Must Be Delivered Within 28-Day Window
04/25/2024
the acts of filing and mailing identical.
The mailbox rule is a common-law principle that provides that a properly stamped and addressed letter that is placed into a mailbox or handed over to the U.S. Postal Service raises a rebuttable presumption that it will be received the court said
Category: News
Lawmakers Pass Cancer Presumption Bill and Nurse Payment Resolution
04/24/2024
Hawaii lawmakers passed a bill that would add breast cancer and cancer of female reproductive organs to the list of conditions that are presumed comp
Category: News
Court Overturns PTD Award for Worker With PTSD
04/17/2024
permanent total disability benefits.
Analysis The Court of Appeal for the 2nd Circuit of Louisiana explained that compensation for permanent total disability shall be awarded only if the employee proves by clear and convincing evidence unaided by any presumption of disability that the employee is
Category: News
Committee Passes TD Expansion, Ag Worker Protection Bills
04/12/2024
Members of a California Senate committee passed bills that would in some instances make temporary disability benefits available after an injury becomes permanent and stationary and create a presumption that heat-related injuries are compensable for agricultural workers under certain circumstances
Category: News
Governor Signs Reform Bill
04/12/2024
convincing evidence of the need for future medical treatment to rebut a presumption that the employers liability for medical ends when a worker reaches maximum medical improvement.
Both chambers of the Legislature unanimously passed the bill.
Category: News
Worker Gets Presumption That Recent Symptoms Relate to Old Back Injury
04/11/2024
The Commonwealth Court of Pennsylvania ruled that a worker was entitled to a presumption that some of his symptoms were related to an old back injury and that his employer failed to rebut it.
Case Rickley v. Dandy Service Corp. WCAB No. 524 C.D. 2023 04042024 unpublished.
Facts
Category: News
Senate Committee Hears Comp Bills Today
04/10/2024
Members of the California Senate Labor Public Employment and Retirement Committee are scheduled to hear testimony today on bills that would create a presumption that heat-related injuries are compensable for farmworkers and would authorize temporary disability benefits when people miss work for
Category: News
Work Comp Bills Head to Governor's Desk
04/03/2024
increase over the current testing range of 500 hertz to 3000 hertz and it would require tinnitus to be considered part of a covered workers hearing loss.
The House also voted 136-1 to pass SB 476 by Senate President Bill Ferguson D-Baltimore. The bill would create a presumption that thyroid colon
Category: News
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