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Bill to Extend TD for Medical Dispute Resolution Heads to Governor

09/14/2023
gave their final approval to a bill that would expand and extend a post-traumatic stress disorder presumption and another measure from a package of bills addressing first responder presumptions. The Assembly voted 63-13 to concur in amendments that Assemblymember Liz Ortega D-Hayward made to AB

Category: News

Lawmakers Pass TD Duration, Presumption Bills

09/13/2023
California lawmakers passed bills to discount time spent resolving medical treatment disputes from the aggregate cap on temporary disability benefits expand post-traumatic stress disorder and skin cancer presumptions and preserve the PTSD presumption for four additional years. The Senate voted

Category: News

Privette Doctrine Bars Subcontractor's Employee From Suing General Contractor

09/12/2023
establishes a rebuttable presumption that an independent contractors hirer delegates to that contractor its tort law duty to provide a safe workplace for the contractors employees. The court said the undisputed evidence shows that Skanska hired Cupertino to perform electrical work. Smiths supervisor

Category: News

Governor Signs 9/11 Victim Fund Notification Bill

09/12/2023
bill created a work comp presumption for those who participated in the World Trade Center rescue recovery and cleanup operations.

Category: News

No Benefits for Worker With Alleged Injuries From Altercation With Colleague

09/11/2023
she had an aggravation of preexisting degenerative arthritis due to the work incident and assigned an impairment rating of 7 to the body as a whole. Procedural history The Court of Workers' Compensation Claims denied Edwards-Bradfords claim for benefits finding she did not rebut the presumption

Category: News

Report Cites Record High Claim Denial Rates in Recent Years

09/07/2023
prior was 17. Claims involving COVID-19 were denied at a higher rate with 39 being rejected in 2021. The Reformer reports that since a COVID-19 presumption expired Jan. 13 the number of new COVID-19 claims is bottoming out while denial rates are increasing. The Reformer reports that the

Category: News

Amended Bill Would Cap TD Extension at 90 Days for Successful IMR Challenge

09/06/2023
a PTSD presumption for state nurses psychiatric technicians and medical and social service specialists working for the Corrections and Rehabilitation Developmental Services and State Hospitals departments. The committee on Friday also voted 6-1 to pass AB 336 by Assemblymember Sabrina

Category: News

Governor Signs Firefighter Cancer Presumption

08/31/2023
Connecticut Gov. Ned Lamont on Wednesday announced that he signed a state budget bill that includes a provision creating a presumption that a firefighters cancer diagnosis is a result of hazardous employment unless proven otherwise. Creating this presumption will make it more difficult for

Category: News

Comp Bills on Agenda for Appropriations Hearing

08/28/2023
presumption for state nurses psychiatric technicians and medical and social service specialists working for the Corrections and Rehabilitation Developmental Services and State Hospitals departments. AB 621 by Assemblymember Jacqui Irwin D-Thousand Oaks would exempt from certain limits on death

Category: News

Court Clarifies Standard of Proof to Rebut Firefighter Cancer Presumption

08/15/2023
In a case of first impression the Oregon Court of Appeals clarified the burden of proof on an employer to rebut the presumption of industrial causation for firefighters who develop cancer. Case In the Matter of the Compensation of Stadeli Nos. 2000008 and A177746 08092023 published

Category: News

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