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Supreme Court Upholds Denial of Benefits, Continuing 'Disturbing Trend' Alleged by Dissent
04/21/2023
namely that if after a period of treatment a claimants symptoms havent improved for three to four months the underlying condition has plateaued and there exists a presumption that the claimant has reached maximum medical improvement.
In viewing the record as a whole I am convinced that the
Category: News
Court Establishes Requirements for Worker to Receive 'Extended' TTD Benefits
04/20/2023
is known as the Watkins presumption named for a 1971 North Carolina Supreme Court decision in Watkins v. Central Motor Lines.
However the Supreme Court has never determined whether the Watkins presumption applies beyond the 500-week cap the Court of Appeals said. But based on the language of
Category: News
Senate Committee Approves PTSD Expansion, System Study
04/17/2023
The Senate Committee on Labor Public Employment and Retirement unanimously passed bills that would expand the post-traumatic stress disorder presumption and require a study into whether Californias workers compensation system treats men and women differently.
The committee on Wednesday voted
Category: News
Committee Approves PTSD Presumption for State Nurses, Psychiatric Techs
04/14/2023
The Assembly Insurance Committee unanimously passed a bill that would establish a rebuttable presumption that post-traumatic stress disorder is a compensable workplace injury for nursing staff providing care to California prison inmates and state hospital patients.
The committee on Wednesday
Category: News
House Passes First Responder Benefits Bill
04/06/2023
disabled by the injury or illness.
HB 471 would also remove presumptive cancer coverage for first responders who used cigarettes electronic cigarettes or other tobacco products in the seven years preceding diagnosis.
And the bill would allow declare that the presumption of compensability for heart
Category: News
Nurses Association Starts Push for Latest Presumption Bill
04/05/2023
The California Nurses Association is starting the push for the latest bill in a long-running effort to establish a presumption of compensability for certain injuries suffered by nurses and other health care workers.
Assemblymember Mia Bonta D-Oakland introduced AB 1156 which would presume
Category: News
Gig Workers, Employers Assert Potentially Viable Equal Protection Challenge to AB 5
03/31/2023
recognized as employees have the basic rights and protections they deserve under the law.
To effectuate its expressed intent AB 5 codified the presumption that a worker is an employee. AB 5 also expanded the application of the presumption and ABC test beyond wage orders to Californias Labor and
Category: News
Comp Bills Set for April 12 Hearings
03/31/2023
California lawmakers will hear testimony regarding a proposal to request an investigation into whether the workers compensation system provides men with different benefits than women as well as hear testimony on a proposal to create a post-traumatic stress disorder presumption for state nurses
Category: News
Court Rejects Worker's Claim of Compensable Injury Sustained During Functional Capacity Exam
03/30/2023
-earning capacity.
The Workers' Compensation Commission vacated the AJs decision finding Parker did not establish that she had suffered a compensable right shoulder injury and that based on the evidence as a whole there existed a legal rebuttable presumption of no loss of wage-earning capacity.
On
Category: News
Governor Approves Cancer Presumption for Arson, Bomb Investigators
03/23/2023
Virginia Gov. Glenn Youngkin approved measures making arson and bomb investigators eligible for a presumption that certain cancers are compensable.
Gov. Glenn Youngkin
Youngkin on Tuesday signed House Bill 1410 and Senate Bill 1038 identical companion measures allowing presumptive
Category: News
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