Tag: presumption

Aug 5, 2020

TN Appeals Panel Clarifies Presumption of Correctness Afforded to MIR Physician's Impairment Rating

Construing Tenn. Code Ann. § 50-6-204(d)(5), pursuant to which a presumption of correctness is afforded to the impairment rating provided by an independent medical evaluator who has been selected from...

TN Appeals Panel Clarifies Presumption of Correctness Afforded to MIR Physician's Impairment Rating TN Appeals Panel Clarifies Presumption of Correctness Afforded to MIR Physician's Impairment Rating
Aug 3, 2020

Opinion Mondays: COVID-19 Presumptions Don't Stand Alone in the Workers' Comp World

Recently, I had an occasion to spar with a young reporter who was gathering background information on a COVID-19 piece that she’s preparing. She’s only been in the legal news...

Opinion Mondays: COVID-19 Presumptions Don't Stand Alone in the Workers' Comp World Opinion Mondays: COVID-19 Presumptions Don't Stand Alone in the Workers' Comp World
Jul 8, 2020

407-Page IME Report Insufficient to Rebut Hawai'i's Presumption of Compensability

Two months ago, I posited that a decision in an old influenza case from Hawaii might give us some indication as to how a COVID-19 presumption of compensability might operate...

407-Page IME Report Insufficient to Rebut Hawai'i's Presumption of Compensability 407-Page IME Report Insufficient to Rebut Hawai'i's Presumption of Compensability
Jun 8, 2020

Opinion Mondays: D.C. Stroke Case Shows Fighting COVID-19 Presumptions is Going to Be Up-Hill Battle

In a decision that illustrates the difficulty that many employers will face if their state has adopted a presumption of compensability in COVID-19 cases, the District of Columbia Court of...

Opinion Mondays: D.C. Stroke Case Shows Fighting COVID-19 Presumptions is Going to Be Up-Hill Battle Opinion Mondays: D.C. Stroke Case Shows Fighting COVID-19 Presumptions is Going to Be Up-Hill Battle
Jun 1, 2020

Opinion Mondays: 30 Days into California's COVID-19 Executive Order, Questions Abound

As the nation moves, with fits and starts, toward some sort of recovery from the COVID-19 crisis, many within the workers’ compensation system are still trying to digest significant changes...

Opinion Mondays: 30 Days into California's COVID-19 Executive Order, Questions Abound Opinion Mondays: 30 Days into California's COVID-19 Executive Order, Questions Abound
May 11, 2020

Opinion Mondays: While We’re Adjusting Our COVID-19 Masks, Is the Grand Bargain Being Altered?

In a document published in February, the Congressional Research Service observed: “Workers’ compensation has been called a grand bargain between employers and workers … [under which] workers receive guaranteed, no-fault...

Opinion Mondays: While We’re Adjusting Our COVID-19 Masks, Is the Grand Bargain Being Altered? Opinion Mondays: While We’re Adjusting Our COVID-19 Masks, Is the Grand Bargain Being Altered?
May 4, 2020

Opinion Mondays: Old Influenza Case From Hawaii Shows How COVID-19 Presumptions Might Work

In recent weeks, as multiple states have established presumptions of compensability favoring some workers who contract the coronavirus/COVID-19, many within the workers’ compensation community have pondered just how these presumptions...

Opinion Mondays: Old Influenza Case From Hawaii Shows How COVID-19 Presumptions Might Work Opinion Mondays: Old Influenza Case From Hawaii Shows How COVID-19 Presumptions Might Work
May 1, 2020

Florida Court Says Cardiac Presumption Favoring Corrections Officer Was Rebutted

In a case that provides guidance for employers and carriers who seek to rebut the special presumption of compensability provided to firefighters and certain other “covered officers” (including corrections officers)...

Florida Court Says Cardiac Presumption Favoring Corrections Officer Was Rebutted Florida Court Says Cardiac Presumption Favoring Corrections Officer Was Rebutted
Apr 20, 2020

Opinion Mondays: "The First Shall Be First, and the Last Shall Remain Last"

COVID-19 Legislation Continues to Follow Discriminatory Practices The workers’ compensation coronavirus legislation recently passed in Wisconsin and Utah continues to follow the predictable pattern of discriminating against many who face...

Opinion Mondays: "The First Shall Be First, and the Last Shall Remain Last" Opinion Mondays: "The First Shall Be First, and the Last Shall Remain Last"
Apr 13, 2020

Opinion Mondays: State Governors Have Pens, Who Needs Legislatures?

Since the outbreak of the coronavirus pandemic, a number of state governors (e.g., California, Kentucky, Missouri, and North Dakota) have issued executive orders promising extended workers’ compensation benefits and, in...

Opinion Mondays: State Governors Have Pens, Who Needs Legislatures? Opinion Mondays: State Governors Have Pens, Who Needs Legislatures?
Mar 3, 2020

Virginia Police Officer’s Knowledge of Special Heart-Lung Presumption Does Not Trigger Statute of Limitations

Where a Virginia police officer in 2009 and 2010 signed acknowledgments that he had received a copy of Virginia’s special heart-lung presumption favoring police officers and certain others, the state’s...

Virginia Police Officer’s Knowledge of Special Heart-Lung Presumption Does Not Trigger Statute of Limitations Virginia Police Officer’s Knowledge of Special Heart-Lung Presumption Does Not Trigger Statute of Limitations
Feb 21, 2020

Arkansas Worker Fails to Rebut Presumption After Positive Drug Test

An Arkansas appellate court affirmed a decision by the state’s Workers’ Compensation Commission that held an injured worker had failed to rebut the presumption that his work-related injury was “substantially...

Arkansas Worker Fails to Rebut Presumption After Positive Drug Test Arkansas Worker Fails to Rebut Presumption After Positive Drug Test