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Court Overturns Denial of Benefits to Mother for Raceway Worker's Death

05/31/2022
unique set of facts the Court of Appeal said. A prerequisite in any action under workmen's compensation is the existence of some kind of employer-employee relationship the court said. Louisiana law provides a presumption that a "person rendering service for another is an employee but the

Category: News

9/11 Workers Presumption Proof Bill Introduced

05/24/2022
Lawmakers in New York are seeking to amend the workers compensation law in relation to presumptive evidence for individuals who participated in th

Category: News

Worker Gets Award for Knee Operation, Weight-Loss Surgery

05/19/2022
payment of medical expenses. Analysis The North Carolina Court of Appeals said it found no error in the commissions evidentiary rulings and that Erie did not rebut the Parsons presumption in relation to Kluttz-Ellisons right knee surgery. The presumption derived from a 1997 case called Parsons v

Category: News

Governor Signs Law Requiring Medical Records for Compensability

05/16/2022
governor on Thursday enacted House Bill 453 which relates to the presumption for disability due to tuberculosis heart disease and high blood pressure. Law enforcement workers and correctional officers must pass a pre-employment physical exam and are eligible for the presumption if the exam does not

Category: News

House Passes Federal Firefighter Presumption

05/13/2022
The U.S. House of Representatives passed a bill that would create a presumption that certain health conditions arose from employment as a federal worker engaged in fire protection activities. The House on Wednesday voted 288-131 to pass HR 2499. The bill would create presumptions that heart

Category: News

COPD Dropped From Hospital Worker Presumption Bill

05/09/2022
Chronic obstructive pulmonary disease would not be one of the conditions presumed compensable for California hospital workers under a recently amended bill. SB 213 by Sen. Dave Cortese D-San Jose would create a presumption that certain conditions arose out of employment for hospital workers

Category: News

Supreme Court Rejects Constitutional Challenge to Firefighter Cancer Presumption

05/04/2022
The Idaho Supreme Court upheld the constitutionality of the statutory presumption of causation for cancers in firefighters and it ruled that an employer must present affirmative evidence of an alternate cause to rebut the presumption. Case Nelson v. City of Pocatello No. 49171 04292022

Category: News

Opponents Say Gender Pay Bill Likely to Cause Litigation

04/29/2022
process. He also said proponents recognized one of the concerns from opponents the broad nature of national databases that would be used to identify pay disparities at smaller businesses and proposed an amendment that would have created a rebuttable presumption that a wage gap exists and that women

Category: News

WCIRB Calls Experience Rating COVID Claims a Financial Incentive for Safety

04/27/2022
really is just a rebuttable presumption that shifts the burden of proof from the employee having to prove the condition arose through employment to the employer having to prove it did not. He said there are some cases where its clear that the injured worker contracted the virus on the job that will get

Category: News

Nonsubscribing Employer Can Compel Injured Worker to Arbitrate Claim

04/20/2022
support a written contract signed by the parties. In this case the court said since there was a written agreement signed by both parties the presumption of valid consideration arose. Carmona did not rebut this presumption by arguing before the trial judge that the consideration for the arbitration

Category: News

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