04/21/2004
the timing issues presented by the new laws with special thanks to Richard Jacobsmeyer of Adelson Testan Brundo & Popalardo for his contribution to this article
Immediate Implementation
1. Treating Physician Presumption
"SEC. 46. The repeal of the personal physician's or chiropractor's
Category: News
04/19/2004
injuries which occurred outside of the workplace. The bill brings rationality to the apportionment determination so that a person cannot continue to receive new PD awards for the same injury by creating a conclusive presumption that prior injuries exist. The bill caps multiple awards so that an
Category: News
04/16/2004
injuries. Voucher system does not change.
4 Liberal Construction. Section 3202 is still the law but an amended section 3202.5 increases the burden of proof.
5 PTP Presumption. The section 4062.9 presumption is repealed retroactively.
6 90 Day Rule. Section 5402 is amended to provide that
Category: News
04/08/2004
presumption in favor of the guidelines will be difficult
"Labor Code section 4604.5 provides that the presumption is rebuttable and may be controverted by a preponderance of the evidence establishing that a variance from the guidelines is reasonably required to cure and relieve from the effects of the
Category: News
04/06/2004
The discussion on Tennessee reform is moving forward with a bill introduced by Senator Mark Norris R-Collierville Senate Bill 3169 that would tighten permanent disability payments and create a primary treating physician presumption among other provisions.
Governor Phil Bredesen in his State
Category: News
03/17/2004
abused by someone filing multiple injury claims for the same body part.
Ensure that the presumption for the use of the guidelines - either ACOEM or those adopted by the Administrative Director - is a presumption that affects the burden of proof and applies to all medical disputes regardless of
Category: News
03/15/2004
complete elimination of any presumption attached to the treating physician. Rather than limiting the admissibility of AME reports the bill was amended to provide for the admissibility of such reports if it meets certain standards. Some penalty provisions under the bill that previously were discretionary
Category: News
03/08/2004
decision in the case 831 So. 2d 1236 1236 Fla. 1st DCA 2002. Benefits were denied because the judge applied the presumption under section 440.097 that the injury was caused by an illegal substance. The court reversed on the first case because as noted above the presumption was unsupported by
Category: News
03/04/2004
to save the county millions of dollars a year in workers' compensation costs.
Labor Code section 3212.1 makes it a presumption that a law enforcement officer was injured AOECOE if a cancer manifests itself during employment or if it can be demonstrated that there was an exposure to carcinogens
Category: News
03/02/2004
president said the road to the present system's problem was a long one and the product of "stupid ideas creating stupid results" a reference to the 1993 introductions of the primary treating physician's presumption and deregulation of carriers.
Stating that the Governor's approach was a good way to
Category: News