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2016 SESSION
HB 44 Workers' compensation; injuries or deaths presumed to be in course of employment.
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. Establishes presumptions in claims under the Virginia Workers' Compensation Act that the accident arose out of and in the course of employment if the employee (i) dies with there being no evidence that he ever regained consciousness after the accident, (ii) dies at the accident location or nearby, or (iii) is found dead where he is reasonably expected to be as an employee. These presumptions will exist in the absence of a preponderance of evidence to the contrary and 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.
SUMMARY AS INTRODUCED:
Workers' compensation; injuries presumed to be in course of employment. Revises the provision creating 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 employee's inability to testify refers to testimony about how the accident occurred and limits the measure's application to circumstances where the employee's inability to testify is because of injuries from the accident.