12/08/2022
likely for COVID-19 CWCI said with government and safety workers accounting for 39351 COVID-19 claims in the 12 months ending June
30.
That result is not too surprising given that many of these workers had a presumption of compensability for COVID-19 and public self-insured entities were
Category: News
12/08/2022
A bill to expand the presumption of compensability for several types of cancers in certain first responders has been introduced in the Virginia General Assembly.
HB 1408 introduced Tuesday would expand the presumption for certain emergency responders who have completed five years of service
Category: News
11/29/2022
presumption of arbitrability of an employee's claims under an arbitration clause in a collective bargaining agreement.
The court also said Sinleys intentional tort claim did not fall within the scope of the arbitration provision in the CBA.
The arbitration of a claim that arises from statute or common
Category: News
11/23/2022
her subsequent symptoms which raised a presumption that her injury was compensable. The ALJ also found however that the employer rebutted the presumption with the medical evaluation done by Hope.
The next step was for the ALJ to consider whether Ms. Coder had sustained her claim by a
Category: News
11/14/2022
California said the Privette doctrine did not apply under the facts of this case.
The court explained that the doctrine is grounded on the presumption that the hirer of an independent contractor generally delegates to the contractor responsibility for supervising the job including responsibility for
Category: News
10/31/2022
Florida said the JCC did not err in appointing an EMA given the conflicting opinions.
Once an EMA is appointed the court said there is a statutory presumption that his opinion is correct unless there is clear and convincing evidence to the contrary as determined by the JCC.
The testimony of the
Category: News
10/28/2022
compensable unless the worker can prove his drug use was not a contributing cause of his accident.
Meek argued that Cheyenne should have been barred from pleading intoxication as an affirmative defense because the drug test results did not contain sufficient data to raise a presumption that his marijuana
Category: News
10/28/2022
interpretation of Section 71 and found that the city overcame the presumption in favor of mandatory bargaining.
Analysis The New York Court of Appeals said the language of the statutes revealed no clear indication that the Legislature intended to foreclose from mandatory bargaining the procedures for
Category: News
10/28/2022
By Jon Campisi Correspondent
California Gov. Gavin Newsom is getting mixed reviews from workers compensation attorneys for his decision to extend one presumption for another year and to reduce the time for employers to determine compensability on other presumptive claims together with his
Category: News
10/17/2022
chiropractors and physician assistants and a post-traumatic stress disorder presumption for child welfare workers. Drafts of those measures have not been posted to the MLAC website.
MLAC meets from 1-3 p.m. Thursday.
The agenda and committee materials are available here.
Category: News