NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.
Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.
Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.
the matter of Thomas Mangiameli v Village of Hoffman Estates, 17WC 30825 ,
21IWCC 0416 the Commission decided what degree of evidence was needed to rebut
the presumption that a firefighters cancer was causally related to his
The Commission found that based on legislative history , that section 6 (f) does not require a strong rebuttable presumption, requiring clear and convincing evidence. Rather, we conclude that the legislature intended an ordinary rebuttable presumption to apply , simply requiring the employer to offer some evidence sufficient to support a finding that something other than claimant’s occupation as a firefighter caused his condition.
This decision will not only effect firefighters but will be the Commission’s view on the standard necessary to rebut the presumption in COVID cases. The case is currently on Appeal before the Circuit Court.
NWCDN Attorneys Adam Maciorowski and Robert Maciorowski represented the Respondent Employer Village of Hoffman Estates in establishing this favorable standard of evidence.