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Court Upholds Finding of Liability for Worker's Death
12/09/2021
special employer which would render the action barred as against it by the Workers' Compensation Law.
The court said Halmar failed to rebut the presumption against special employment by showing conclusively that it assumed exclusive control over the manner details and ultimate result of Winklers
Category: News
Lawmaker Proposes PTSD Presumption for First Responders
11/29/2021
earlier in November proposing to create a PTSD presumption for first responders.
The bill would define first responders to include peace officers corrections workers jail officers dispatchers firefighters emergency health workers and probation officers who work for a public entity.
The
Category: News
Early COVID Decisions Provide Blueprint for Rebutting Presumption , Attorneys Say
11/23/2021
The first two decisions from arbitrators suggest Illinois employers can rebut the presumption that COVID-19 is compensable by providing some concrete evidence of efforts to mitigate spread of the disease according to workers compensation defense attorneys who spoke during a webinar Monday
Category: News
Report: Commission Data Shows 42 Paid Claims Related to Vaccine Injuries
11/22/2021
417 which would have created a presumption that an adverse reaction to an employer-mandated COVID-19 vaccination is a compensable occupational injury. The House of Representatives passed the bill but it died in a Senate committee Wednesday.
Proponents said the bill was needed to ensure injured
Category: News
Supreme Court Adopts Traveling Employee Doctrine, Remands Case for Fact-Finding
11/18/2021
-related travel is in the course of his employment during his travels unless there is evidence that the employee ceased to be acting in furtherance of his employers business and affairs.
The Superior Court issued the first appellate decision recognizing a presumption in favor of traveling employees in
Category: News
Senate Committee Holds Vaccination Presumption Bill
11/18/2021
Members of an Idaho Senate committee on Wednesday hit the brakes on a measure that would create a presumption that adverse reactions to employer-mandated vaccinations are compensable injuries.
Sen. Abby Lee who made the motion to hold House Bill 417 and not advance the measure for a full vote
Category: News
House Passes Vaccine Side Effect Presumption
11/17/2021
send HB 417 to the floor of the House for a vote by the full chamber. The bill would create a presumption that an accident or injury is related to an employer-mandated vaccination unless rebutted by substantial evidence that the claimed injury did not result from the vaccine.
The measure would
Category: News
Supreme Court Awards PTD Benefits to Worker, Upholds Denial of Reimbursement for Surgery
11/17/2021
provided sufficient evidence to rebut the presumption that Mitchell was permanently and totally disabled in 2004.
To rebut the presumption that an employee is disabled as of a certain date an employer's evidence must demonstrate not only that the employee has the physical capacities to do some work at
Category: News
Presumptions, Prescription Drugs Expected as Legislative Topics for 2022
11/11/2021
presumption the governor created through executive order.
House Bill 76 in Alaska also extended an emergency proclamation related to COVID-19 presumptions as did HF 2253 in Minnesota. Senate Bill 9 in Vermont also extended the COVID-19 presumption for first responders to the end of 2021.
Tribout also
Category: News
WCIRB Mulls Inclusion of COVID Claims in Experience Rating
11/09/2021
Bellusci said.
Theres much more information about how the virus is transmitted and significant protocols for workplace safety from county authorities the Occupational Safety and Health Administration and the California Division of Occupational Safety and Health. There is also a presumption in Senate
Category: News
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