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First Thursday, November 2015

In this month’s First Thursday podcast, Will reviews an important Brady decision out of Texas and cases involving Weingarten, Garrity, police officer bill of rights, presumptive causation and protected speech. Major Brady Case From Texas, Brown v. Nero, 2015 WL 5666172 (Tex. App. 2015) Questioning About Use Of Force Incident Triggers Weingarten Rights, New York State Correctional Officers, 48 PERB ¶ 4546 (NY PERB ALJ 2015) How The Two-Part…

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A Thorough Explanation Of The ‘Cancer Presumption’

Many states have enacted laws that create a presumption that a public safety officer’s cancer (among other things) is presumed to be caused by the job. In a case involving the widow of Littleton, Colorado firefighter Jeffrey Christ, who succumbed to brain cancer, the Colorado Court of Appeals explained at length the rationale behind “presumptive causation” statutes. The Court began by examining traditional workers’ compensation law on whether an…

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Certain Cancers Sustained By Firefighters Now Covered Under Pennsylvania Workers’ Compensation Act

On July 7, 2011, Pennsylvania Gov. Tom Corbett signed House Bill No. 797 into law, amending the Workers’ Compensation Act to include coverage to firefighters suffering from a cancer caused by exposure to certain known carcinogens. These new provisions allow firefighters who have retired in the past 300 weeks (approximately 5.7 years) to apply for compensation benefits and receive a presumption of work relatedness for these types of cancers….

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Certain Cancers Sustained By Firefighters Now Covered Under Pennsylvania Workers’ Compensation Act

On July 7, 2011, Pennsylvania Gov. Tom Corbett signed House Bill No. 797 into law, amending the Workers’ Compensation Act to include coverage to firefighters suffering from a cancer caused by exposure to certain known carcinogens. These new provisions allow firefighters who have retired in the past 300 weeks (approximately 5.7 years) to apply for compensation benefits and receive a presumption of work relatedness for these types of cancers….

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City Fails To Prove That Officer’s Lung Cancer Not Caused By WTC Exposure

Frank Macri, a life-long non-smoker, became a New York police officer on February 1, 1995. On September 11, 2001, Macri responded to the World Trade Center attacks. Macri was knocked to the ground in an explosion causing lacerations to his left arm and right leg, received smoke inhalation, and suffered lacerations of the left and right cornea. Macri provided rescue, recovery and cleanup work at the World Trade Center…

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Overnight Stay In Hospital Qualifies For Heart Presumption

Like many states, Florida's workers' compensation statutes have a “heart presumption” for public safety officers, including law enforcement officers and firefighters. If a condition qualifies for the “heart presumption,” the condition is presumed to be caused by the job. While an employer can rebut the presumption of causation, it is fairly difficult to do so, and the “heart presumption” usually results in a finding that a firefighter's or law…

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California Requires Proof Of Carcinogen Exposure For Workers’ Comp Presumption

Chris Fain worked as a police officer for the City of Fresno, California from 1972 to 2006. Within a month after his retirement, Fain submitted an application for workers’ compensation benefits seeking coverage for a tumor in his head. Fain subsequently passed away and his wife pursued his workers’ compensation claim. Under California law, the cancer of a firefighter or peace officer is presumed to be caused by the…

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