Noting that a medical opinion need not be expressed with absolute medical certainty as long as it signified a probability of the underlying cause that was supported by a rational...
NY Firefighter Successfully Proved PTSD Claim Based Upon Multiple Gruesome Incidents NY Firefighter Successfully Proved PTSD Claim Based Upon Multiple Gruesome IncidentsA Florida appellate court held the 52-week filing requirement found in § 112.1815(5)(d), Fla. Stat., operated as a statute of repose, and not as a statute of limitations. Under the...
Florida First Responder’s PTSD Claim is Untimely Filed Florida First Responder’s PTSD Claim is Untimely FiledIn 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 RebuttedSince 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?Over the past several weeks, as the coronavirus pandemic has raged across the United States, several state governors and a number of state legislatures have announced, and in a few...
Opinion Mondays: “Old” Case Law May Be Key to Many Coronavirus Claims Opinion Mondays: “Old” Case Law May Be Key to Many Coronavirus ClaimsLast Wednesday (March 25), North Dakota Governor Doug Burgum signed Executive Order 2020-12 that, as of March 13, 2020, purports to extend special worker compensation protections to first responders, health...
New Feature: Opinion Mondays — In the COVID-19 Medical Crisis, Who Is on the Front Line? New Feature: Opinion Mondays — In the COVID-19 Medical Crisis, Who Is on the Front Line?R.I. Gen. Laws § 45-19.1-1 (1956) does not create a conclusive presumption that cancer in firefighters arises out of and in the course of the employment, held a divided Supreme...
Divided Rhode Island Supreme Court Nixes Conclusive Cancer Presumptions for Firefighters Divided Rhode Island Supreme Court Nixes Conclusive Cancer Presumptions for FirefightersIn a divided decision, the Court of Appeals of Maryland yesterday held that since there was no showing that a first responder had a concomitant preexisting condition, and since he...
Maryland First Responder’s Degenerative Knee Condition is Occupational “Disease” Maryland First Responder’s Degenerative Knee Condition is Occupational “Disease”This Wednesday (July 10, 2019), Connecticut Governor Ned Lamont, flanked by a group of first responders and state legislators, signed into law a new provision [S.B. 164, enrolled as Public...
PTSD Now a Compensable Condition in Connecticut—But Only if You’re a First Responder PTSD Now a Compensable Condition in Connecticut—But Only if You’re a First ResponderAnimal Farm Logic: “All [workers] are equal, but some [workers] are more equal than others.” House Bill 40, which would provide workers’ compensation benefits for post-traumatic stress disorders (PTSD), but...
Kentucky Considers PTSD Benefits—but Only for First Responders Kentucky Considers PTSD Benefits—but Only for First RespondersWhat Does Florida Have Against Teachers and Bartenders? As I posted Monday [click here to view that post], a bill to extend relatively broad PTSD coverage to Florida’s first responders...
Commentary: How Equitable is Florida’s New PTSD Coverage? Commentary: How Equitable is Florida’s New PTSD Coverage?Earlier this month, the Florida Senate and House both unanimously passed Senate Bill 376, so as generally to allow workers’ compensation benefits for first responders who suffer PTSD as a...
Florida Legislature Approves PTSD Coverage for First Responders Florida Legislature Approves PTSD Coverage for First Responders