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2013 SESSION
HB 1305 Workers' compensation; injuries presumed to be in course of employment, unless evidence to contrary.
Introduced by: Gregory D. Habeeb | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED HOUSE:
Workers' compensation; injuries presumed to be in course of employment. Revises the provision enacted in 2011 that created a presumption, in the absence of a preponderance of evidence to the contrary, that an injury is work related if an employee is physically or mentally unable to testify and there is unrebutted prima facie evidence that the injury was work related. This measure clarifies that where the factual circumstances are of sufficient strength from which the only rational inference to be drawn is that the accident arose out of and in the course of employment, it shall be presumed the accident arose out of and in the course of employment, unless such presumption is overcome by a preponderance of competent evidence to the contrary.
SUMMARY AS INTRODUCED:
Workers' compensation; injuries presumed to be in course of employment. Revises the provision enacted in 2011 that created a presumption, in the absence of a preponderance of evidence to the contrary, that an injury is work related if an employee is physically or mentally unable to testify and there is unrebutted prima facie evidence that the injury was work related. This measure clarifies that the presumption applies when the employee's inability to testify pertains to testimony about the circumstances of the accident.