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Attorney's Unsworn Statement Can Be Considered in Evaluating Timeliness of Hearing Request
09/21/2022
438-005-0046 provides a presumption that a request for hearing is untimely if not sent by registered or certified mail and is not received by the board before the date for filing such a request.
In the underlying arguments before the ALJ and later before the board the court noted Kopf focused on
Category: News
3rd DCA Orders Publication of Decision Finding Privette Doctrine Barred Worker's Suit
09/15/2022
at the job site.
McCullar filed suit against SMC seeking damages. A trial court judge found the Privette doctrine applied and granted summary judgment for SMC.
The Privette doctrine is a presumption that a hirer of an independent contractor delegates to the contractor all responsibility for
Category: News
Comp Impact of AMA Updates on Mental Injuries 'Uncertain': NCCI
09/14/2022
.
States that accept mental injury claims in workers comp often require a diagnosis of a psych condition for compensability. And experts have said that claims costs related to ailments such as post-traumatic stress disorder accepted on presumption in more than a dozen states for first responders are
Category: News
Governor Signs Package of Bills to Support 9/11 Victims
09/12/2022
New York Gov. Kathy Hochul on Friday signed a package of bills intended to remove barriers and expedite workers compensation claims and payments from the Victim Compensation Fund for 911 victims and survivors.
Hochul signed S.9370A.9922A which creates a work comp presumption for people who
Category: News
Privette Doctrine Bars Worker's Tort Claim
09/07/2022
summary judgment. The Privette doctrine is a presumption that a hirer of an independent contractor delegates to the contractor all responsibility for workplace safety.
A trial judge found the doctrine applicable and granted the motion.
The Court of Appeals for the 3rd District of California said
Category: News
Mental Injuries Remain Trend in Comp Legislation, With Mixed Results
09/06/2022
correctional officers under certain circumstances.
In Maine LD 1879 requires certain reports regarding the use of the rebuttable presumption for certain first responders diagnosed with PTSD.
And in New Hampshire SB 357 reestablishes the commission to study PTSD in first responders and ensures that
Category: News
Social Worker MPN, State Firefighter Salary Continuation Bills Pass as Session Ends
09/02/2022
final day of the session will join other measures lawmakers have recently sent Gov. Gavin Newsom that would maintain the COVID-19 presumption for another year cut two weeks from the time employers have to determine liability on certain presumptive injury claims and cover more first responders with a
Category: News
Privette Doctrine Bars Employee of Contractor From Bringing Personal Injury Suit
09/01/2022
filed suit against SMC seeking damages. A trial court judge found the Privette doctrine applied and granted summary judgment for SMC.
The Privette doctrine is a presumption that a hirer of an independent contractor delegates to the contractor all responsibility for workplace safety.
McCullar
Category: News
Legislature Passes Bills to Cut Time to Decide Liability, Extend PTSD Presumption
09/01/2022
California lawmakers signed off on amendments to bills that cut two weeks from the time employers have to accept liability for certain presumptive injury claims extend a COVID-19 presumption for another year and require brokers and agents to undergo training to identify insurance fraud.
The
Category: News
Senate Passes COVID-19, PTSD Presumption Measures
08/31/2022
The California Senate passed bills that would extend COVID-19 presumptions for another year and expand the list of first responders eligible for a presumption that post-traumatic stress disorder is work-related.
The Senate on Monday voted 39-0 to send the PTSD presumption measure SB 284 to
Category: News
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