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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
Bill Would Make Comp Retaliation a Presumed Violation
04/06/2022
any person because that person exercised an employment right afforded by state law including reporting or seeking care for a work-related injury or illness.
The bill states it shall be a rebuttable presumption of this violation if action against a worker is taken within 90 days of the
Category: News
Court Tosses Carrier's Challenge to Adverse Decision as Interlocutory
04/06/2022
and that his claim should be barred.
However an administrative judge found Vaughters was entitled to disability benefits. Although a toxicology report showed the presence of opiates benzodiazepines and cannabinoids in Vaughters' urine the AJ found that he had rebutted the presumption of
Category: News
Feds Tell High Court New Law Didn't Moot Hanford Presumption Dispute
04/06/2022
The U.S. Department of Justice said a new law in Washington state expanding the number of Hanford nuclear reservation workers covered by a presumption doesnt eliminate the need for the nations top court to determine whether the presumption violates principles of intergovernmental immunity
Category: News
Committees OK Extending COVID Measures, Closing Staffing 'Loophole'
03/31/2022
mitigating the spread of COVID-19 in the workplace.
He also said the presumption did what was expected and provided broad access to the comp system.
Despite our belief that the presumption could safely sunset we understand why legislators might not be ready to make that decision Schmelzer said
Category: News
Assembly Committees Hear Comp Bills Wednesday
03/28/2022
Two policy committees in the California Assembly on Wednesday will hear testimony on bills that would extend authorization to pay benefits by debit card extend the COVID-19 presumption and close a loophole some employers are allegedly using to reduce their comp costs by classifying workers as
Category: News
Requests to Reprocess COVID-19 Claims Due June 14
03/24/2022
The Texas Division of Workers Compensation said injured worker requests to reprocess denied claims for COVID-19 are due June 14.
Senate Bill 22 created a presumption that COVID-19 is a work-related condition for certain first responders.
The bill also allowed first responders or their
Category: News
SCOTUS Sets Oral Arguments in Presumption Challenge State Now Calls 'Moot'
03/23/2022
April 18.
Washington State Attorney General Robert Ferguson on March 15 said the court should dismiss the case as moot after Gov. Jay Inslee enacted new legislation expanding the scope of the presumption to cover all workers at the Hanford site.
Inslee on March 11 signed Senate Bill 5890 by Sen
Category: News
Committee Passes Bill to Expedite Liability Decisions, Penalize Unreasonable Denials
03/23/2022
and lead to more litigation.
Since there is no definition of unreasonable denial each denial of a rebuttable presumption may be litigated as unreasonable she said.
SB 1127 now goes to the Senate Appropriations Committee which must pass the measure before the full upper chamber can vote on
Category: News
Officer With High Blood Pressure at Preemployment Physical Can't Get Benefits for Hypertension
03/22/2022
evidence of hypertension so a judge of compensation claims appointed an expert medical adviser.
The EMA opined that the preemployment physical revealed evidence of hypertension which the JCC accepted.
Florida Statutes Section 112.181a provides an occupational presumption of compensability for
Category: News
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