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Supreme Court Upholds Denial of Claim by Mine Worker With Carpal Tunnel Syndrome
05/11/2023
employment-related injury if his condition was asymptomatic before the injury and symptoms manifested afterward. The presumption is rebuttable though and the court said Spartan submitted sufficient evidence to rebut the presumption of compensability.
A preponderance of the evidence indicates Mr
Category: News
Governor Signs Presumption Bill
05/09/2023
Montana Gov. Greg Gianforte signed a bill expanding the types of cancers that are presumed compensable for firefighters.
The governor on Thursday
Category: News
Employer Fails to Rebut Presumption That Treatment, Injuries Are Linked
05/05/2023
The North Carolina Court of Appeals upheld a determination that an employer failed to produce sufficient competent evidence to rebut a presumption that an injured workers treatment expenses were related to a compensable injury.
Case Brewer v. Rent-A-Center No. COA22-296 05022023
Category: News
Court Upholds Finding of Disability Discrimination but Reduces Award for Injured Worker
05/04/2023
circumstances gave rise to a presumption of discrimination. The court found that the town failed to rebut the presumption so Whitaker was entitled to back pay for the 10-month period from August 2013 when she sought reinstatement through June 2014 when she retired.
The court also said the workers
Category: News
Firefighter Gets Fee Award for Attorney's Work on Board Appeal
05/02/2023
provides a rebuttable presumption that firefighters who develop heart problems within a certain time after "exposure to smoke fumes or toxic substances" or "strenuous physical exertion due to firefighting activities" are occupational diseases that entitle them to compensation.
The Department of Labor
Category: News
Assembly Passes San Diego Fire and Rescue Presumption , Debit Card Bills
05/01/2023
79-0 Thursday to pass AB 699 by Assemblymember Akilah Weber D-San Diego.
The bill would establish that full-time members of the boating safety unit in the San Diego Fire-Rescue Department are entitled to a presumption of compensability for conditions including hernia pneumonia heart trouble
Category: News
Lawmakers Send PTSD Presumption to Governor
04/25/2023
Tennessee lawmakers unanimously passed a bill that would create a presumption that post-traumatic stress disorder is compensable for firefighters and unanimously passed a grant program bill to help employers cover the costs of providing benefits for the PTSD claims.
The state House of
Category: News
High Court Clarifies Burden for Employer to Avoid Heart Disease Presumption
04/25/2023
An employer attempting to bar a police officer from relying on a presumption that a disabling heart disease arose out of employment must show the officer failed to address correctable predisposing conditions the Nevada Supreme Court ruled.
Robert Holland served as a police officer for the Las
Category: News
Senate Labor Committee Passes UR Duty of Care, Value-Based Payment Study Bills
04/24/2023
payments with the value of care provided to injured workers.
The committee also passed a bill that would expand a skin cancer presumption to cover state game wardens and park rangers.
The Senate Committee on Labor Public Employment and Retirement on Thursday voted 4-0 to pass SB 697 by Sen. Melissa
Category: News
Fiscal Committee Passes Skin Cancer Presumption , Debit Card Bills
04/21/2023
A California Assembly committee passed bills that would give certain San Diego city workers a presumption that skin cancer is compensable and allow carriers to continue using debit cards to pay indemnity benefits.
The Assembly Appropriations Committee voted 14-0 Wednesday to pass AB 489 and AB
Category: News
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