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"It is often impossible to find the source from
which a germ causing disease has come. The germ leaves no trail
that can be followed. Proof often does not pass beyond the stage
of possibilities or probabilities, because no one can testify positively
to the source from which the germ came, as can be done in the case
of physical facts which may be observed in concerning which witnesses
can acquire positive knowledge. Under such circumstances the commission
or the court can base its findings upon a preponderance of probabilities
or of the inference that may be drawn from established facts."
The Wisconsin Supreme Court recognized that an applicant may be
able to prove a case of an occupational disease even where the finding
would be drawn upon probabilities or inferences that may be drawn
from established facts and not the certainty to point to a specific
incident in which exposure to a particular germ can be isolated."
Ruling from Wisconsin about infection in the work area
"Plunging tax collections and soaring medical costs have created
the worst fiscal problems for states since World War II, the National
Governors Association said today.
"Nearly every state is in fiscal crisis," the governors
said in a new report surveying the states.
The states' fiscal woes will force governors, many of them newly
elected, to propose politically sensitive tax increases or drastic
cuts in services.
Raymond C. Scheppach, executive director of the governors association,
said states were increasing tuition at public colleges and universities,
cutting Medicaid eligibility and benefits, increasing taxes on individuals
and corporations and laying off state employees.
"You will see huge cuts in Medicaid" next year, beyond
the cutbacks already enacted, Mr. Scheppach said.
Medicaid and other health costs like employee health benefits account
for 30 percent of state spending and grew last year by 13 percent,
the largest increase in a decade, the report said. At a time when
revenues are declining, Mr. Scheppach said, such growth is unaffordable
and unsustainable.
Governors and state budget officers said the fiscal condition of
the states was more dire than the condition of the national economy.
The recession has reduced state revenues, especially personal income
and capital gains taxes, Mr. Scheppach said, but the states' fiscal
problems are also linked to long-term trends, like the increase
in health costs and the growing importance of services in the economy.
Relatively few of the newly elected governors have said precisely
how they will deal with these fiscal problems. "Most of them
don't understand how bad it is," Mr. Scheppach said."
States Are Facing Big Fiscal Crises
ADDITIONAL ARTICLES:
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Document Name & Link to Document
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Description
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File Size /Type**
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71st
OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
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Requires
workers' compensation plans of certain cities to provide
coverage for hepatitis C for city firefighters, law
enforcement officers, emergency medical technicians and
corrections officers. - } Creates presumption of
compensability for hepatitis C for { + career + }
firefighters, law enforcement officers, { + career + }
emergency medical technicians and corrections officers in
certain circumstances. { + Requires certain cities to provide
equivalent workers' compensation coverage. + }
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Amy
L Petersen-Claims Examiner-NE
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In
the case of the employee who is "...documented to be at
risk and chooses to work anyway...," I feel that the
exacerbation would be compensible. The employer would
not be responsible for the entire condition, just that portion
caused by the work injury. Of course, this can be a
muddy mess to try to separate what is pre-existing and what is
caused by the work injury
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AN
ACT CONCERNING WORKERS' COMPENSATION COVERAGE FOR EXPOSURE TO
HEPATITIS, TUBERCULOSIS AND MENINGITIS
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For Connecticut
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AN
ACT Relating to hepatitis C; adding a new section to chapter
18.79 RCW; adding a new section to chapter 18.205 RCW; adding
a new chapter to Title 70 RCW; and prescribing penalties.
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Our
introduction to the legislative process began in April 2001.
I began with the introduction of the Hepatitis C Virus and its
prevalence in the State of Washington and our country.
For far to long this issue has been silent. I started by
presenting ideas and then progressed to Bills I would like to
see enacted. The process took many months and a lot of
false starts. Finally at the last moment we got Bill 6603.
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Californians
Support Needle Exchange, Condoms for Prisoners
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According
to a survey conducted by the state Department of Health
Services and the University of California-Berkeley, the
majority of Californians support access to clean needles for
injection drug users and condoms for prisoners to fight the
spread of HIV.
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Cities
Urge Restraint in Fight Against Terror
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Nearly
two dozen cities around the country have passed resolutions
urging federal authorities to respect the civil rights of
local citizens when fighting terrorism. Efforts to pass
similar measures are under way in more than 60 other places.
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Connecticut
Workers Compensation Commission
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Workers
Compensation Law
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EDITORIAL,
THE DENVER POST, 1/23/02
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Most cases of hepatitis C result from
"lifestyle factors," rather than occupational risks.
That's a polite way of saying that most cases result from
intravenous drug use with dirty needles or from multiple sex
partners.
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Fiery
firefighter battles hepatitis C, Workers’ Compensation
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The
good news for Mazula is a brighter outlook for other public
safety workers exposed to the disease and his ability to serve
as an educator. "If the accident had happened today, I
would have gotten treatment sooner. Immediate treatment would
have helped. I probably wouldn’t need a liver transplant.
And if I had found back then the kind of support provided by
such organizations as the Hep C Connection, I could have
managed my condition – and its emotional impact on my
family, co-workers and friends – much more
effectively."
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Health Officials push stronger Quarantine Law
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Colorado's chief medical officer is promoting a
stronger
quarantine law for infectious diseases and bioterrorism. Ned
Colange is asking for a law that allows health officials to
hold
patients until they finish their medication. Colorado's
current laws permit forced isolation of infectious patients |
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Hepatitis
C: Screening in the VA Health Care System
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Congressman
Christopher Shays (R-CT), Chairman of the Subcommittee on
National Security, Veterans Affairs, and International
Relations, will hold an oversight hearing June 14 to assess
efforts by the Department of Veterans Affairs (VA) to screen
and test veterans for Hepatitis C (Hepatitis C Virus) infection.
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ILLINOIS
WORKERS' OCCUPATIONAL DISEASES ACT
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An
Act to promote the general welfare of the people of this State
by providing remedies for injuries suffered or death resulting
from occupational diseases incurred in the course of
employment; providing for enforcement and administration
thereof, and to repeal an Act therein named.
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Law protects emergency
workers |
Compulsory
tests for those who expose police, firefighters, EMTs to
bodily fluids |
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Neb.
Targets Doctor in Hepatitis Death
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The state began disciplinary action Tuesday against a
cancer doctor linked to a widespread hepatitis C outbreak,
citing poor infection control at his clinic.
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NASTAD-Focus on Spousal & Partner Notification |
The
provision requires that states take ‘administrative or
legislative action to require that a good faith effort be
made to notify a spouse of a known HIV-infected patient that
such spouse may have been exposed to the human
immunodeficiency virus and should seek testing. |
Pdf 52 kb |
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No
Mandatory HIV Testing of State Prisoners in Indiana
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Indiana
DOC officials estimate that approximately 1% of state inmates
are HIV positive but do not know the exact number because
Indiana does not have a mandatory testing law for inmates.
Although a bill was passed by the state legislature last year
that would require mandatory HIV and Hepatitis C Virus testing for all
inmates, it was vetoed by the governor for budgetary
reasons.
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Orlando
city officials and firefighter
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However,
their requests were rejected because the city wanted to save
money, the Sentinel reports. Firefighters claim that if
the city had begun screenings in 1996, as requested, several
firefighters infected with hepatitis C might have been able to
prevent their subsequent liver damage. The Florida Legislature
in 1995 passed a law stating that any case of hepatitis in a
firefighter or law-enforcement officer would be
"automatically considered" work-related. The
firefighters' union charges that in 1996 city officials
rejected the union's bid to include hepatitis C screening as
part of the annual exams because it knew that the city would
be "subject ... to expensive worker's compensation
claims" under the law.
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Resource
Guide for Colorado
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Provided
by the Hep C Connection
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158 kb pdf
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State HIV Testing Laws
(Large file-increase
download time) |
Provided
by the National HIV/AIDS Clinicians’ Consultation Center |
Pdf 9253
kb |
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States
Are Facing Big Fiscal Crises
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The
states' fiscal woes will force governors, many of them newly
elected, to propose politically sensitive tax increases or
drastic cuts in services.
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State Medicaid Buy-In Programs:
Implementation Status, Enrollment and Program Design
Features
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By state
and features of each |
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Tens
of thousands of Coloradans infected--many unaware.
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According
to Ann Jesse, The Hep C Connection, Denver, Colorado, an
estimated 20,000 to 40,000 Coloradans are already infected
with hepatitis C.
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THE
GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL
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Amending
the act of June 2, 1915 (P.L.736, No.338), entitled, as
reenacted and amended, "An act defining the liability of
an employer to pay damages for injuries received by an
employee in the course of employment; establishing an elective
schedule of compensation; providing procedure for the
determination of liability and compensation there under; and
prescribing penalties," further defining
"occupational disease."
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The
State of South Carolina owns the copyright to the Code of Laws
of South Carolina
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The
words "occupational disease" mean a disease arising
out of and in the course of employment which is due to hazards
in excess of those ordinarily incident to employment and is
peculiar to the occupation in which the employee is engaged. A
disease shall be deemed an occupational disease only if caused
by a hazard recognized as peculiar to a particular trade,
process, occupation or employment as a direct result of
continuous exposure to the normal working conditions thereof.
No disease shall be deemed an occupational disease when:
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Updated
list of WC Agency Websites
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Listing
of state agencies
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Wisconsin
Court Ruling-Important!!!!
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"It
is often impossible to find the source from which a germ
causing disease has come. The germ leaves no trail that can be
followed. Proof often does not pass beyond the stage of
possibilities or probabilities, because no one can testify
positively to the source from which the germ came, as can be
done in the case of physical facts which may be observed in
concerning which witnesses can acquire positive knowledge.
Under such circumstances the commission or the court can base
its findings upon a preponderance of probabilities or of the
inference that may be drawn from established facts."
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Worker’s
Compensation Law-North Dakota
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240 kb pdf
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Workers'
compensation: infectious diseases: dependants
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Existing
workers' compensation law generally requires employers to
secure the payment of workers' compensation, including medical
treatment, for injuries incurred by their employees that arise
out of or in the course of employment. Existing law also
defines "injury" in the case of the specified state
and local firefighting, law enforcement personnel, and patrol
members, to include any blood-borne infectious disease that
develops or manifests itself during the period while the
member is in the service of the governmental entity.
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