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Bills Address Cancer Coverage for Firefighters

01/19/2023
disability permanent disability or death is an occupational disease for professional and volunteer firefighters. Firefighters would have to demonstrate that they were exposed to known carcinogens for cancer claims to be compensable. The measure would create a rebuttable presumption that a

Category: News

Employer Can't Enforce Terms of Settlement Reached Without Client's Consent

01/18/2023
this presumption is not conclusive and may be rebutted the court said. In this case the court said the actions of the attorneys after the claimed settlement was reached were inconsequential in deciding whether Platt had authority to enter into the settlement in the first place as Badia claimed

Category: News

OWCP: Defense Act Extends Deadline for Documents, Modifies Subrogation Rights

01/12/2023
In addition to creating a presumption of compensability for certain occupational illnesses suffered by federal firefighters the National Defense Authorization Act for fiscal year 2023 also adjusted provisions allowing claimants more time to provide supporting documentation and modifying the

Category: News

Supreme Court Upholds Denial of Benefits for School Nurse After Student's Choking Death

01/11/2023
Workers' Compensation Board denied Patterson claims concluding that her exposure to bodily fluids was not a sufficient physical injury to trigger a presumption of compensability and that the mental stress of the incident was not sufficiently extraordinary or unusual to merit compensation. The Alaska

Category: News

Federal Defense Act Includes Firefighter Presumption

01/10/2023
included provisions of a separate measure called the Federal Firefighters Fairness Act. The act covers firefighters paramedics emergency medical technicians rescue workers and others who provide fire suppression services for the federal government. It creates a rebuttable presumption that heart

Category: News

Court Revives Widow's Claim Under Heart and Lung Act for Firefighter's COVID Death

01/10/2023
filed a claim for workers compensation death benefits asserting her husband's condition and death were covered by the Heart and Lung Act. The act creates a rebuttable presumption that the nature of a firefighter's work caused contributed to accelerated or aggravated his heart or lung condition if

Category: News

Court Upholds Award of Death Benefits to Worker's Acknowledged Illegitimate Child

01/06/2023
dependent for support but an acknowledged illegitimate child does not receive the presumption and must also show she was both acknowledged and dependent the court said. The court found Aniyah Thompson was the acknowledged illegitimate child of Daquonn Thompson since he held her out as his daughter in

Category: News

Employer Not Barred From Contesting Claim It Never Received in Mail

01/06/2023
. The court said it would not disturb the commissioners finding on this issue. The court also said the presumption of delivery normally afforded to properly addressed mail did not aid Britto because even if it found the so-called mailbox rule applied the presumption could not overcome the

Category: News

Supreme Court Says Deputy Entitled to Presumption of Work-Relatedness for PTSD

01/03/2023
The Minnesota Supreme Court ruled that a deputy sheriff was entitled to a presumption that his post-traumatic stress disorder was an occupational disease even though his employer offered a competing diagnosis. Douglas Juntunen worked as a deputy sheriff for Carlton County. A fatal accident

Category: News

CHSWC Members Seek More Input in Study Process

12/19/2022
measure creating a rebuttable presumption that post-traumatic stress disorder is compensable for first responders. Commissioners were unhappy with the scope of the projects and what they said was insufficient feedback from workers. CHSWC Chairman Mitch Steiger a labor representative said during a

Category: News

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