Tag: presumption

Oct 26, 2022

Florida’s Special Firefighter Cancer Statute Cannot Be Applied Retroactively

Florida’s special firefighter statute, § 112.1816, Fla. Stat., which provides previously unavailable benefits—a one-time payment of $25,000, and full coverage of the firefighter’s cancer treatment—to firefighters who meet certain criteria...

Florida’s Special Firefighter Cancer Statute Cannot Be Applied Retroactively Florida’s Special Firefighter Cancer Statute Cannot Be Applied Retroactively
Sep 27, 2022

NC Court Affirms Death Benefits Award Under State’s “Found Dead” Presumption

The Court of Appeals of North Carolina, construing the state’s version of the “found dead” rule, affirmed a decision by the state’s Industrial Commission that awarded death benefits to the...

NC Court Affirms Death Benefits Award Under State’s “Found Dead” Presumption NC Court Affirms Death Benefits Award Under State’s “Found Dead” Presumption
May 3, 2022

To Rebut Idaho’s Cancer Presumption Favoring Firefighters, Employer Must Offer Evidence that Cancer was Not Caused by Employment

The Supreme Court of Idaho, construing Idaho Code § 72-438(14)(b), which generally provides firefighters with a rebuttable presumption that certain listed cancers have a causal connection with the employment, held...

To Rebut Idaho’s Cancer Presumption Favoring Firefighters, Employer Must Offer Evidence that Cancer was Not Caused by Employment To Rebut Idaho’s Cancer Presumption Favoring Firefighters, Employer Must Offer Evidence that Cancer was Not Caused by Employment
Sep 22, 2021

Catch 22 Prevents Florida Officer From Utilizing Presumption of Compensability

A Florida appellate court affirmed a decision by a judge of compensation claims that found a law enforcement officer was not entitled to the special presumption of compensability related to...

Catch 22 Prevents Florida Officer From Utilizing Presumption of Compensability Catch 22 Prevents Florida Officer From Utilizing Presumption of Compensability
Oct 13, 2020

NY Widow's Death Benefits Claim Filed 12 Years After Work Cessation Not Supported By Medical Evidence

A New York appellate court affirmed a decision by the state's Workers' Compensation Board that denied death benefits to a widow whose husband, a former correction officer, died in 2016,...

NY Widow's Death Benefits Claim Filed 12 Years After Work Cessation Not Supported By Medical Evidence NY Widow's Death Benefits Claim Filed 12 Years After Work Cessation Not Supported By Medical Evidence
Sep 2, 2020

Kansas Widow Rebuts Presumption of Marijuana Intoxication

Affirming a decision of a split panel of the state’s Court of Appeals, the Supreme Court of Kansas sustained an award of death benefits to the widow of a worker...

Kansas Widow Rebuts Presumption of Marijuana Intoxication Kansas Widow Rebuts Presumption of Marijuana Intoxication