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House Panel Moves Bills on Feds' Access to Comp
03/21/2022
moved along by the House Education and Health Committee. The bill would set up a presumption that certain injuries are compensable for federal firefighters with five years on the job.
The Access to Workers Compensation for Injured Federal Workers Act HR 6087 by Reps. Joe Courtney D-Conn. and
Category: News
Bill to Revise Hanford Presumption Delivered to Governor
03/15/2022
Washington state lawmakers delivered to Gov. Jay Inslee a bill that would create a presumption that all workers exposed to hazardous waste at the Hanford nuclear reservation would be covered by the presumption that certain conditions are compensable.
Senate Bill 5890 by Sen. Karen Keiser D
Category: News
Court Upholds Calculation of Worker's AWW Based on 6 Weeks of Income
03/10/2022
that the 52-week calculation is the standard when finding the average wage Davis said. Thus the standard formula for calculating the AWW is to divide the claimant's earnings for the year preceding the injury by 52 weeks.
Section 4123.61 also provides an exception that reinforces the presumption
Category: News
Privette Doctrine Doesn't Bar Suit by Subcontractor's Employee
03/09/2022
granted the motion.
Analysis The Court of Appeals for the 4th District of California explained that the Privette rule is a presumption that hirers are not liable for a contractors injuries but it is not absolute.
A plaintiff rebuts a defendant's reliance on Privette at summary judgment by showing
Category: News
Rand Finds Mixed Results in Assessment of COVID Presumption Legislation
03/09/2022
presumptions health care and public safety workers as well as other workers who tested positive during an outbreak period at their job site were likely at higher risk of workplace exposure to the coronavirus. This would suggest that the presumption helped workers obtain benefits for work-related illnesses
Category: News
Jury Acquits Sim Hoffman on Lone Remaining Fraud Charge
03/04/2022
presumption that all liens filed by suspended providers are fraudulent unless they can show that the liens are not related to the conduct subjecting the person to suspension.
The Legislature in the same year passed SB 1160 which included a provision requiring the DWC to stay liens filed by or on behalf of
Category: News
Report: Lawmaker Revives PTSD Bill
03/03/2022
traumatic events. The presumption could be rebutted by scientific evidence that the worker experienced a psychiatric stressor from sources other than a traumatic event arising out of and in the course of employment.
Robertson introduced the bill earlier in February and it was referred to the Senate
Category: News
Supreme Court Upholds Dismissal of Malpractice Suit
03/01/2022
-injury claim occurred in Virginia so a presumption in favor of Virginia law applies the court said. In addition to plaintiff's injuries occurring in Virginia the conduct causing the injuries co-worker's driving also occurred there.
The court further noted that the relationship between
Category: News
Bill Proposes Presumption for Strikers Injured by Goon Squads
02/28/2022
If Michigan employers hire private security to forcefully break up labor strikes any injuries to striking workers would be presumed compensable under a recently introduced bill.
Sen. Jeremy Moss D-Southfield on Thursday introduced SB 917.
The bill would create a presumption that any
Category: News
SCOTUS Invites Biden Admin. to Brief Position on Comp Coverage for Cannabis
02/23/2022
health risk to employees from unlimited access to marijuana without treatment parameters or a doctors prescription pad.
The Supreme Court has already agreed to hear arguments about the interplay of a state workers compensation presumption and its effect on the federal government as an employer
Category: News
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