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Privette Doctrine Bars Injured Worker's Suit Against General Contractor
06/28/2022
it was entitled to the presumption of delegation the court said since it presented evidence that it hired AMPCO which then hired KML and Torres worked for KML.
The court said the plaintiffs failed to establish that any exceptions to the Privette doctrine applied either.
Under the "retained
Category: News
COVID-19 Presumptions Lose Steam Among Lawmakers
06/27/2022
Compensation Insurance.
Seven states still had a COVID-19 or infectious disease presumption in effect as of June 1 according to the report which noted that 12 presumptions have expired and three others are slated to expire in 2023.
Meanwhile five states considered legislation in 2022 to extend the
Category: News
Committee Passes Bill Reducing Investigation Period for Presumptive Claims
06/23/2022
testimony on SB 213 by Cortese but with no one making a motion to pass the measure the group could not vote on the bill and it failed.
The bill would create a presumption that musculoskeletal injuries post-traumatic stress disorder and infectious diseases are compensable for hospital workers
Category: News
SCOTUS: Hanford Presumption Discriminates Against Federal Government
06/22/2022
A unanimous U.S. Supreme Court on Tuesday struck down a law Washington state enacted in 2018 that presumed compensability for certain conditions suffered by federal employees and federal contractors at the Hanford nuclear reservation.
The Hanford worker presumption singled out the federal
Category: News
Assembly Insurance Committee Hearing Comp Bills Wednesday
06/21/2022
SB 213 by Sen. Dave Cortese D-San Jose which would create a presumption that certain conditions are compensable for hospital workers providing direct patient care.
The bill would create presumptions for conditions including musculoskeletal injuries post-traumatic stress disorder and infectious
Category: News
Report: San Diego Cops Claim Religious Exemption to COVID Test
06/17/2022
according to the report. Meanwhile the unvaccinated employees are not taking tests and remain on the job.
California lawmakers are considering extending until 2025 the presumption that police firefighters and other first responders contracted COVID-19 through employment if they test positive for the
Category: News
Editorial Criticizes 'Cruelty' of Court Denying Presumption Claim
06/15/2022
The editorial board for the South Florida Sun-Sentinel on Tuesday criticized the states 1st District Court of Appeal for the cruelty it displayed in affirming a decision finding a correctional officer was precluded from invoking a presumption because he didnt undergo a second physical
Category: News
Supreme Court Changes Standard of Compensability for Mental Injuries
06/07/2022
the statute in ruling otherwise.
Justice Susan Christensen wrote separately to propose that the state legislature adopt a statute similar to Minnesotas that provides a rebuttable presumption that a PTSD diagnosis was caused by the first responders job.
Justice Thomas Waterman argued that the
Category: News
Worker's Failure to Disclose Minor Soccer Injury Doesn't Foreclose Claim for Torn Achilles
06/07/2022
determination will not be disturbed when supported by substantial evidence.
Workers' Compensation Law Section 211 provides a presumption that an accident that occurs in the course of employment also arises out of that employment the court continued. In order to rebut the statutory presumption the
Category: News
Split Court Says Formerly Part-Time Correctional Officer Can't Benefit From 'Heart-Lung' Statute
06/06/2022
A divided Florida appellate court found that a correctional officer was not entitled to the benefits of a presumption that his cardiac injury arose out of employment because he underwent only one preemployment physical examination before he was hired on a part-time basis.
The majority court
Category: News
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