Maryland Expands Workers’ Comp Presumptions for Firefighters
- The Maryland General Assembly passed HB 347 in 2026, broadening hypertension-related legal presumptions for paid fire and rescue employees.
- This statutory update creates a presumption of compensability and disablement for diagnosed emergency personnel.
- Consequently, state courts have shifted the burden of proof, making it difficult for employers to successfully rebut these specific claims.
- This marks an evolution from the traditional “grand bargain” structure, expanding occupational disease protections.
Fort Smith Board Reevaluates Workers’ Compensation Gap for Injured Employees
- The Fort Smith Board of Directors is seeking revisions to its current workplace injury policy.
- Under the existing municipal framework, critically injured employees transition to standard workers’ compensation at 66% of their normal earnings after initial leave periods expire.
- Board members expressed concern that this financial reduction forces recovering staff to deplete personal sick and vacation time to supplement their income.
- Consequently, city administrators are drafting an updated proposal to eliminate these mandatory personal leave requirements for employees on workers’ compensation.
New York Court Rules Justice for Injured Workers Act Applies Retroactively
- The New York Court of Appeals ruled that the 2022 Justice for Injured Workers Act applies retroactively to lawsuits filed before its enactment.
- This statute bars courts from using workers’ compensation board decisions to block separate civil personal injury lawsuits via collateral estoppel.
- The ruling stems from a 2020 construction accident case where defendants tried to dismiss a civil suit based on a prior workers’ compensation board finding.
- The court determined retroactivity is valid because the law does not create new liabilities or alter pre-existing contractual duties.