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2011 SESSION

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HB 1475 Workers' compensation; presumption that certain injuries are work related.

Introduced by: Onzlee Ware | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Workers' compensation; presumption that injury is work related.  Creates a presumption, in the absence of a preponderance of evidence to the contrary, that an injury is work related.  The presumption arises in a claim for compensation under the Workers' Compensation Act where an employee is physically or mentally unable to testify and there is unrebutted prima facie evidence that the injury was work related. SB 823 is identical.

SUMMARY AS PASSED HOUSE:

Workers' compensation; presumption that injury arises out of employment.  Creates a presumption, in the absence of substantial evidence to the contrary, that an injury or death is work related.  The presumption arises in a claim for compensation under the Workers' Compensation Act where an employee is killed, or is physically or mentally unable to testify and there is unrebutted prima facie evidence that the injury or death was work related.

SUMMARY AS INTRODUCED:

Workers' compensation; presumption that injury arises out of employment.  Creates a presumption that a workplace injury results from an accident arising out of employment for purposes of the Workers' Compensation Act if the employee is found dead or to have incurred a brain injury resulting from external mechanical force that impairs the employee's brain function to such an extent that the employee is incapable of recalling the relevant circumstances of the accident. A judicially created presumption currently exists when an employee is found dead as the result of an accident at his place of work and there is no evidence offered to show what caused the death or to show that he was not engaged in his employer's business at the time.