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Comp Claims Fall as Percentage of Statewide COVID Infections

11/03/2021
with its less expansive presumption of compensability than during the period the governors executive stay-at-home order was in effect prior to 2020 according to the WCIRBs report. SB 1159 enacted in September 2020 created two sets of presumptions one for firefighters peace officers and

Category: News

L&I Posts Guidance on COVID Presumption

10/22/2021
The Washington State Department of Labor & Industries posted guidance on laws enacted during the 2021 session creating presumptions that COVID-19 is compensable for health care and other frontline workers. Gov. Jay Inslee in May signed SB 5190 creating the presumption for health care workers

Category: News

Panel Upholds Denial of Worker's Claim Due to Insufficiency of Expert Opinion

10/14/2021
panel said. The panel further said Kaminsky's testimony was not subject to being bolstered by Sheltons testimony since Tennessee law was amended in 2017 to eliminate favoritism for workers. Kaminsky was also not entitled to a presumption of correctness as the treating physician the panel said

Category: News

Court Upholds Loss of Wage Earning Capacity Award to Injured Grocery Store Clerk

10/12/2021
Pybus post-injury wages exceeded her pre-injury wages that gave rise to a rebuttable presumption that she had suffered no loss of wage-earning capacity. The commission found evidence that Pybus returned to work at Kroger in an accommodated position her work restrictions age and complaints of

Category: News

Court Upholds Safety Citations, Penalties, against Vineyard for Worker's Fatal ATV Accident

10/06/2021
. When the division demonstrates that there was a realistic possibility that death or serious bodily harm could result from the actual hazard created by the violation in question that creates a rebuttable presumption that a serious violation of the regulation has occurred the court said. The court

Category: News

Rand Researchers Say Evidence Supports Rationale for PTSD Presumption

10/04/2021
Researchers for Rand Corp. said their review of first responder claims for post-traumatic stress disorder found evidence supporting the rationale for California lawmakers to create a presumption that the condition arose out of employment for first responders. Denise D. Quigley Looking at

Category: News

Cal/OSHA's Reach Expands for Enterprise-Wide Violations

09/30/2021
earlier this month creates a rebuttable presumption that a violation committed by an employer that has multiple work sites is enterprise-wide if the employer has a written policy or procedure that violates these provisions except as specified or the division has evidence of a pattern or practice of

Category: News

Officer Can't Claim Presumption for Hypertension

09/20/2021
Holcombe filed a workers compensation claim and asserted he was entitled to the Florida Statutes Section 112.18 presumption that his condition was occupationally caused. Section 112.181a provides that tuberculosis heart disease and hypertension in a law enforcement officer are presumed to have

Category: News

Alleged Employer Doesn't Get Attorney Fees for Successful Challenge

09/20/2021
North Dakota Supreme Court said there is a statutory presumption that each individual performing services for another for pay is an employee. An employment relationship exists when the person for whom services are performed has the right to control and direct the individual person who performs the

Category: News

Biden Administration Asks SCOTUS to Review Hanford Worker Presumption

09/17/2021
President Joe Bidens administration is asking the U.S. Supreme Court to review a 2018 Washington state law that created a presumption of compensability for certain conditions suffered by federal workers at the Hanford nuclear reservation. The U.S. Department of Justice filed a petition for

Category: News

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