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Court Revives Injured Worker's Claim Against Property Owner, Finds Privette Doctrine Inapplicable

09/17/2021
property generally owed a duty of care based on their ownership possession or control of the property. Since Skybox hired Fibercom the court said the Privette doctrine provided a presumption that it delegated its duty to provide a safe workplace to Fibercom. The court reasoned that there was no

Category: News

Labor & Industry to Hold Hearing on SB 367 Contractor Rules

09/14/2021
situations L&I said. The new rules will clarify instances where a workers status is determined by the states AB test instead of a conclusive presumption of the ICEC status. The hearing is scheduled to begin at 9 a.m. Mountain time on Oct. 8. Montana workers comp law states that service performed

Category: News

High Court Says Qualcomm Not Liable for Severe Burns Suffered by Contractor's Employee

09/14/2021
. A trial court denied Qualcomms motion for summary judgment on the basis that it was shielded from liability by the presumption that it delegated responsibility for workplace safety issues to TransPower. The court also denied Qualcomms objection to a standard jury instruction that argued it didnt

Category: News

9th Circuit Clarifies AWW Calculation in Longshore Claim

09/03/2021
enough to rebut the presumption that Section 910a applied as Congress never intended for the calculation to be entirely accurate and the LHWCA does not make the section inapplicable if more than 260 days were worked. Congress also appears not to have envisioned application of Section 910c to a

Category: News

Prefiled Bill Proposes COVID-19 Presumption for Safety Workers

09/01/2021
A Florida lawmaker is proposing to create a presumption that COVID-19 is a compensable condition for safety workers. State Rep. Elizabeth Fetterhoff R-DeLand introduced House Bill 53 in advance of the legislative session that starts Jan. 11. The bill would add COVID-19 to the list of

Category: News

Senate Passes Omnibus Bill; PTSD Presumption Goes to Inactive File

09/01/2021
the Assembly sent to its inactive file a bill that would expand a presumption that post-traumatic stress disorder is compensable for some firefighters. The Senate voted 39-0 to pass AB 1511 a multifaceted bill by the Assembly Insurance Committee that among other things would amend Insurance Code

Category: News

State Has Jurisdiction Over Worker's Claim for Out-of-State Accident

08/30/2021
provides a statutory presumption that every employer and employee is covered by the state workers compensation system regardless of whether the injury occurred in another state. While Section 62-3-3 does not confer upon the department a presumption of authority to hear a claim based on an out-of-state

Category: News

Firefighter Benefit, PTSD Expansion Passes; MLFS Bill on Hold

08/30/2021
California legislative committees last week passed bills that would give more firefighters access to salary continuation benefits and a presumption that post-traumatic stress disorder is compensable. At the same time lawmakers held a measure that would require payments for medical-legal

Category: News

More Claims Filed, Accepted for Workers Covered by COVID Presumption

08/26/2021
Nearly 85 of the 20863 workers compensation claims for COVID-19 in Minnesota were filed by those covered by a presumption that the disease is compensable with 74 of claims coming from health care workers according to a report by the state Department of Labor and Industry. Whats more the

Category: News

Bill Would Exempt Vaccine Injury From Comp, Allow Lawsuits for Damages

08/26/2021
she received the vaccine. The bill would apply to public and private employers. Edwards filed his bill proposing to exempt vaccine reactions from comp coverage on the same day a lawmaker in neighboring Kentucky introduced legislation that would create a presumption that adverse reactions are

Category: News

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