Legislation Aims to Expand Workers’ Compensation for Oklahoma First Responders
- Oklahoma State Representative Neil Hays is advancing House Bill 4260 to create a legal presumption that heart attacks or strokes suffered by first responders are job-related.
- The legislation applies to firefighters, peace officers, and emergency medical technicians who experience these medical emergencies within eight hours of intense on-duty activity.
- Currently, the bill has passed the policy committee and is moving to the oversight committee.
Kentucky Court Reinforces Burden of Proof for Multi-Part Workers’ Comp Claims
- Claimants must provide medical evidence of work-related impairment for each specific body part to receive workers’ compensation benefits.
- A physical injury alone is insufficient without a ratable impairment as defined by the AMA Guides.
- Appellate authorities affirmed that administrative law judges maintain significant deference regarding factual findings and reasonable inferences.
- The claim was denied due to insufficient proof regarding the cause and degree of permanent disability
Court Rules on Penalty Limits for Workers’ Comp Nondisclosure Violations
- A claimant’s failure to disclose post-retirement work while receiving benefits was found to violate Workers’ Compensation Law Section 114-a.
- While the Workers’ Compensation Board imposed a mandatory penalty and permanent disqualification, the court ruled that such disqualification requires evidence of egregious deception or lack of mitigation.
- The case was remitted for redetermination regarding the severity of the penalty.