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Comp Bills on Agenda for Appropriations Committee

08/14/2023
review and a study of gender-based bias in the states comp system. SB 391 by Sen. Catherine Blakespear D-Encinitas would add peace officers with the Fish and Wildlife and Parks and Recreation departments to the list of workers already covered by the presumption that skin cancer is an occupational

Category: News

Statutory Presumption on Causation Doesn't Apply to Firefighter's Aortic Aneurysm

08/11/2023
A divided Florida appellate court ruled that a firefighter was not entitled to a presumption of industrial causation for his thoracic aortic aneurysm because the condition did not constitute heart disease. Case North Collier Fire Control v. Harlem No. 1D21-17 08092023 published. Facts

Category: News

No Benefits for Worker With 'Left Rotator Cuff Pathology' From Motor Vehicle Accident

08/02/2023
presumption of the continuation of his alleged ongoing disability but that Harris testimony overcame the rebuttable presumption for the disc herniations cervical and lumbar spine bulges cervical radiculopathy and the cervical thoracic and lumbar sprains and strains. The WCJ said Vegaris opinion

Category: News

SOAH Rules Against DWC in Significant Cancer Claim Enforcement Case

08/02/2023
with cancer while working for the city. The firefighter cancer presumption in Texas Government Code Section 607.055 declares a firefighter who suffers from cancer resulting in death or total or partial disability is presumed to have developed the disease during the course and scope of employment if

Category: News

Court Revives Cancer-Stricken Firefighter's Claim for Benefits

07/13/2023
as an occupational disease. He listed his date of injury as Oct. 28 2020. Since 2001 Arizona has had a rebuttable statutory presumption that certain cancers in firefighters are compensable occupational diseases. In 2017 the law was amended to provide that a firefighter could avail himself of

Category: News

Employer's Failure to Repair or Replace Safety Guard Does Not Constitute 'Removal'

07/13/2023
workers compensation benefits for a job-related injury. However a worker can proceed with a tort claim if his injury was intentionally caused by the employer. There is a rebuttable statutory presumption that an employers removal of a safety guard constitutes an intent to injure. Camara alleged that

Category: News

Appropriations Committee Passes Death Benefit Bill, Holds PTSD Expansion Measure

07/12/2023
-traumatic stress disorder presumption. The committee voted 6-0 to pass AB 621 by Assemblymember Jacqui Irwin D-Thousand Oaks which would add Department of Forestry and Fire Protection workers who are members of Bargaining Unit 8 to the list of those who are exempt from certain limits on death benefits

Category: News

Injured Press Operator Fails to Assert Viable Intentional Tort Claim

07/11/2023
against his employer if his injury was intentionally caused by the employer. There is a rebuttable statutory presumption that an employers removal of an equipment safety guard constitutes an intent to injure. Cole moved for summary judgment dismissing Hunters claim. A trial court judge granted the

Category: News

Use of IARC Classification of Carcinogens Isn't Unconstitutional Delegation of Legislative Authority

07/10/2023
are substances that are known to be carcinogenic. Exposure to a Group 1 carcinogen is one of the requirements for a firefighter to be entitled to a presumption of entitlement. In 2014 based on new data that TCE exposure causes kidney cancer IARC published Monograph 106 in which it reclassified

Category: News

Comp Bills Keep Moving With Approval From Committees

06/30/2023
disparities in benefits paid to men and women. The Senate Committee on Public Employment and Retirement on Wednesday passed AB 1145 which would create a post-traumatic stress disorder presumption for nurses and medical providers working for the state. The committee also passed AB 621 which would add

Category: News

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