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Governor Signs Firefighter Presumption Bill
08/03/2022
Alaska Gov. Mike Dunleavy enacted legislation adding breast cancer to the list of conditions presumed compensable for firefighters.
Dunleavy on Sa
Category: News
CIGA and UR Study Bills Passed; COVID Presumption Gets Minor Amendment
08/03/2022
bonds using the same procedures for discharging claims of insolvent comp carriers.
Also on Monday Assemblyman Tim Daly D-Anaheim amended AB 1751 to modify one of the definitions of outbreak for the purposes of the COVID-19 presumption that the measure would extend for two more years.
The
Category: News
COVID-19 Presumption Measure Scheduled for Aug. 8 Hearing
07/29/2022
pointed out some of the COVID-19 presumption provisions in AB 1751 would conflict with proposals in another bill that would shorten the window for employers to investigate and accept liability for claims.
Senate Bill 1127 by Senate President Toni Atkins D-San Diego would reduce to 75 days from 90
Category: News
CWCI Study Questions Efficacy of Narrowing Window for Liability Decisions
07/22/2022
investigation period allowed for COVID-19 claims.
The reduced investigation period proposed in SB 1127 would apply to presumptive injury claims described in Labor Code Sections 3212-3212.85 as well as those in 3212.87 through 3213.2.
Labor Code Section 3212.87 establishes the COVID-19 presumption for
Category: News
Commissioner Holds Pure Premium Rate at $1.45
07/19/2022
suggesting COVID-19 will become endemic Bellusci said the WCIRB felt that just like any other workers comp exposure to claims COVID-19 is part of the ecosystem now in California workers comp and employers can do things to mitigate the risk with or without the presumption.
CDI attorney
Category: News
Parcel Delivery Worker Fails to Prove Error in Denial of Benefits
07/14/2022
expenses and that his claim for indemnity benefits was time-barred by a statute of limitations.
Analysis The New Mexico Court of Appeals said a presumption favors the correctness of a WCJs rulings and the burden was on Kirby to affirmatively show error on appeal.
Here the WCJ issued a thorough
Category: News
Gig Industry Firms Argue Against Employee Classification Law Before 9th COA
07/14/2022
.
The bill codified a 2018 state Supreme Court decision that adopted the so-called ABC test which presumes a worker is an employee unless the employer rebuts the presumption by proving that the worker is free from control is performing work outside the usual course of business for the hiring entity
Category: News
Committees Pass COVID Presumption , Fraud Investigation Bills
07/01/2022
created a presumption that COVID-19 is compensable for specified first responders who test positive for the disease within 14 days of going to work. The bill also created a presumption that COVID-19 is compensable for others who test positive within 14 days of going to a workplace experiencing an outbreak
Category: News
Worker Fails to Prove Permanent Disability, Entitlement to Additional Benefits, Treatment
06/30/2022
returning to work he continued to earn the same wages post-injury. Accordingly a rebuttable presumption arose that Duren suffered no loss of wage-earning capacity the court said.
Although Duren failed to earn any wages after March 17 2017 "he did not prove that this loss of earnings resulted from
Category: News
Commissioner Rejects Experience Rating COVID-19 Claims
06/30/2022
Safety and Health have all published recommendations for mitigating workplace spread of COVID-19.
So our thought is with or without the extension of the presumption we think it makes sense to include COVID-19 claims in experience rating on a prospective nature given that this virus is becoming
Category: News
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May 13-14, 2024
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