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Highway Worker's Widow Gets Benefits for Fatal Cardiac Event
10/30/2023
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Analysis The Appellate Divisions 3rd Department said that under New York law there is a rebuttable presumption of compensability for an unwitnessed or unexplained death that occurs during the course of employment.
The board properly found that the autopsy report was sufficient to rebut the
Category: News
Parking Garage Owner Qualifies as Statutory Employer of Allegedly Injured Worker
10/24/2023
agreement and instead recognize the existence of a statutory employer relationship between Touro and Central Parking the court said.
The court went on to find that Abdul failed to rebut the presumption of the statutory employment created by statute and the terms of the agreement.
Disposition Writ
Category: News
Commission Properly Revisits Firefighter's Cancer Claim, Awards Benefits
10/20/2023
filed an application for workers' compensation benefits. After a hearing a district hearing officer denied the claim. Although Ohio Revised Code Section 4123.68X1 provided a presumption that Conleys thyroid cancer was contracted in the course of his employment the DHO found that Cincinnati had
Category: News
Court Reduces Worker's AWW, Penalties Against Statutory Employer, Upholds SEB Award
10/11/2023
pay SEBs at the proper rate.
Analysis The Court of Appeal for the 5th Circuit of Louisiana said the workers compensation court erred as a matter of law in calculating Juarezs AWW when it failed to apply the statutory 40-hour presumption after making the factual determination that Juarez had
Category: News
Walmart Employee Gets Benefits for Aggravation of Preexisting Condition, Plus Penalties, Fees
10/11/2023
was able to perform her job duties. After the accident she reported being barely able to walk and having numbness in her leg. Liechty also reported that Dubois condition was "markedly worse.
Based on this evidence the court said Dubois was entitled to the presumption that the accident
Category: News
Newsom Signs Contractor, PTSD Bills; Vetoes Presumptions, TD Extension for Treatment Disputes
10/11/2023
California Gov. Gavin Newsom enacted bills that will expand and extend the existing post-traumatic stress disorder presumption and require contractors to include the classification codes they used to secure work comp coverage when applying for a license.
Gov. Gavin Newsom
At the same
Category: News
Split Supreme Court Upholds Expansion of Coal Miner's Claim
10/10/2023
presumption of compensability for asymptomatic preexisting conditions was wrong since this case involved a discrete new injury.
Disposition Affirmed.
To read the courts decision click here.
Category: News
Contractor Loses Challenge to Jury Verdict in Subrogation Action
09/21/2023
recover were reasonable and necessary as they were presumed to be reasonable.
The court said Where the workers compensation insurer has paid medical and wage loss benefits that are closely controlled by statute and regulations the presumption exists because there is little need for the parties
Category: News
Report: Minneapolis Approves Another $1M for PTSD Claims
09/20/2023
responders. In 2019 lawmakers amended state law to create another presumption that PTSD is job-related for disability claims filed through the states Public Employees Retirement Association.
The Minnesota Reformer in August 2021 reported that the number of police and firefighters applying for disability
Category: News
First Responder Benefit Bills Heading to Governor
09/15/2023
California lawmakers sent Gov. Gavin Newsom bills that would boost death benefits for some first responders and establish a presumption that skin cancer is compensable for others.
The Senate on Wednesday voted 39-0 to concur in amendments made to SB 391 while the measure was before the Assembly
Category: News
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