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Biden Asks Congress to Pass Federal Firefighter Presumption
10/13/2022
President Joe Biden speaking at the National Summit on Fire Prevention and Control called on lawmakers to send him a bill that would create a presumption that certain health conditions are compensable injuries for federal firefighters.
Biden talked about federal efforts to protect
Category: News
DOL Proposes Economic Realities Test for Employee Status
10/12/2022
rebuts the presumption by proving the worker is free from control and direction performs work outside the hiring entitys usual business and is customarily engaged in an independent trade.
However the department said the U.S. Supreme Court has held that employment relationships under the federal
Category: News
CHSWC Postpones Thursday Meeting
10/06/2022
were critical of a study about the COVID-19 presumption that included interviews with only nine injured workers including three who had not filed disease claims.
Members of the commission also criticized a study of the post-traumatic stress disorder presumption for certain first responders that
Category: News
WCIRB Posts Memo on AB 5 and Motor Carriers
10/04/2022
the employer can rebut the presumption by satisfying all three prongs of the so-called ABC test. The bill included carve-outs for some special interests such as newspaper publishers who said they couldnt afford the cost of providing basic workplace protections for delivery drivers and threatened to
Category: News
Newsom Shortens Window for Claim Decisions, Extends COVID Presumption
10/03/2022
California employers will have less time to accept liability on certain presumptive injury claims and face penalties of up to 50000 for unreasonably denying them under a bill enacted by Gov. Gavin Newsom.
Gov. Gavin Newsom
The governor also extended the presumption that COVID-19 is
Category: News
Court Publishes Decision That Privette Doctrine Bars Worker's Claim
09/30/2022
the bar area.
Miller fell from the scaffold as he was dismounting. He filed suit against the lodge and Dickenson seeking damages.
Citing the Privette doctrine the defendants argued that they were not liable and moved for summary judgment. The Privette doctrine is a presumption that a hirer of
Category: News
High Court Upholds Denial of Miner's Request to Increase Award
09/28/2022
pulmonary impairment.
West Virginia law provides a presumption of occupational pneumoconiosis for workers exposed to dust for a period of 10 years and Rogers benefitted from this presumption. The court said his new claim was non-presumptive so without positive X-ray evidence of pneumoconiosis the OP
Category: News
Firefighter With Rare Kidney Cancer Establishes Condition as Occupational Disease
09/27/2022
an arbitrator found that his cancer was compensable.
The arbitrator noted that Wood was a firefighter for about 16 years and was entitled to a statutory presumption that his cancer had been caused by his employment.
While the arbitrator acknowledged testimony from Dr. Scott Eggener that the
Category: News
Columnist Says Pressure Building for Comp Reforms
09/27/2022
flip the burden of proof and require employers to prove a claimed condition did not arise out of employment.
For example Walters said SB 542 from 2019 created the presumption that post-traumatic stress disorder is compensable for first responders. SB 284 a bill that would expand the PTSD
Category: News
Truck Driver's Death in Accident Presumed Compensable
09/23/2022
commission applied the Pickrell presumption which derives from the North Carolina Supreme Courts 1988 decision in Pickrell v. Motor Convoy Inc. and held that "where the circumstances bearing on work-relatedness are unknown and the death occurs within the course of employment claimants should be able to
Category: News
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