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Rebuttable Presumptions Disability Benefits

Goldberg Segalla

Practical Tips for Investigation of COVID-19 Claims in New Jersey

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Key Takeaways - As of September 2020, New Jersey law created a “rebuttable presumption” that COVID-19 is work-related and fully compensable for the purposes of workers’ compensation—assuming the petitioner is an essential...more

Dorsey & Whitney LLP

The Supreme Court - February 22, 2022

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Adolfo Arellano v. Secretary of Veterans Affairs, No. 21-432: This case concerns whether equitable tolling may extend the deadline for veterans to submit an application for disability benefits under 38 U.S.C. § 5110(b)(1)...more

Cozen O'Connor

Rebuttable Presumption for COVID-19 Illnesses to Impact Employers Through 2022

Cozen O'Connor on

On September 17, 2020, Governor Newsom signed SB 1159 into law, expanding access to workers’ compensation and making it easier for first responders, health care workers, and other workers who test positive for COVID-19 due to...more

FordHarrison

California SB 1159 Codifies COVID-19 Workers' Compensation Presumption

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On September 17, 2020, California Governor Gavin Newsom signed into law Senate Bill 1159, (SB 1159) which modifies and extends the Governor’s Executive Order N-62-20 creating a disputable workers’ compensation presumption...more

Ballard Spahr LLP

NJ Presumes Workers Comp Coverage for NJ Essential Workers Who Contract COVID-19

Ballard Spahr LLP on

In a long anticipated move, New Jersey has again acted to provide COVID-19 related benefits to workers throughout the State. New legislation creates a rebuttable presumption that, absent demonstrable proof to the contrary,...more

Epstein Becker & Green

Connecticut Governor Lamont Strengthens Workers’ Compensation Claims for Workers Affected by COVID-19

Epstein Becker & Green on

On July 24, 2020, Connecticut Governor Lamont issued Executive Order JJJ (“E.O. JJJ”), which creates a presumption that employees who contracted COVID-19 in the early days of the pandemic contracted it at work and are...more

Downey Brand LLP

Governor Newsom Signs Executive Order Announcing Workers’ Compensation Presumption for COVID-19

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As California begins planning to enter Stage Two of the reopening of California, there are still many questions and uncertainties surrounding how businesses will handle their employees’ health and safety moving forward. On...more

Proskauer - California Employment Law

California Will Presume COVID-19 Infections Arose From On-Site Work Performed After March 19

On May 6, 2020, Governor Newsom issued Executive Order N-62-20, which creates a time-limited rebuttable presumption that workers who are still reporting to their employer’s workplace and who test positive for COVID-19 are...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Governor Newsom Announces COVID-19 Workers’ Compensation Presumption in Favor of Employees

During a May 6, 2020, press briefing, Governor Newsom announced his latest executive order addressing COVID-19 in the workplace. Executive Order N-62-20 creates a workers’ compensation rebuttable presumption that employees...more

Cranfill Sumner LLP

Time Bars for Medical Compensation and Evidence Bars for Indemnity Benefits

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Capen Trucer Carl Anders, II v. Universal Leaf North America - In Capen Trucer Carl Anders, II v. Universal Leaf North America, No. COA 16-910, the Plaintiff appealed an Industrial Commission decision denying his claim for...more

Cranfill Sumner LLP

Supreme Court Determines the Burden of Causation is on Employers and Carriers in Compensable Claims

Cranfill Sumner LLP on

In Wilkes v. City of Greenville, __ S.E.2d __, (2017) the North Carolina Supreme agreed with the Court of Appeal’s determination that when compensability is admitted an injured worker is entitled to a presumption that future...more

Burr & Forman

SC court awards Lowe's employee workers' comp disability benefits

Burr & Forman on

Employee disabilities are becoming a common issue that employers must address. Short- and long-term disability plans employers often make available to employees, the Americans with Disabilities Act (ADA), and the varying...more

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