Presumption, But Not Surrender

Jan
08

Presumption
Ordinary Disease of Life
Rebuttal
Burden of Proof
Latency
Post-Traumatic Stress Disorder
Uncertainty

These are the words and phrases that keep litigators busy and workers’ comp stakeholders awake at night.

Angela Childers, writing in Business Insurance, provides a very balanced article about the dilemma facing first responders and their municipal employers as our industry grapples with presumptive compensability issues.

The article focuses on our brave firefighters and the costs of providing benefits for occupational cancers, as well as PTSD. Most jurisdictions either have, or are considering, presumption legislation for select first responders.

It has been our experience with OMCA clients/payors that there is a compassionate desire to objectively and scientifically diagnose these injuries, and to ensure claimants get the care and treatment they have earned. Unfortunately, some of these cases just don’t belong in the workers’ comp system.

Doing better is a balancing act between the science and the regulations under which we work.

Call us. We can do better.

William Faris, JD
Chief Executive Officer
502-495-5040
william.faris@omca.biz
www.omca.biz

Posted in News