The Functional Operation of Workers’ Compensation COVID Presumptions

6 Pages Posted: 28 Mar 2021

See all articles by Michael C. Duff

Michael C. Duff

University of Wyoming College of Law

Date Written: March 22, 2021

Abstract

During 2020, a number of U.S. states implemented workers' compensation COVID-19 presumptions. This short informal paper defines and explains legal presumptions generally and then discusses the workers' compensation presumptions. The paper contends that at this juncture it is not clear whether states intended to enact "Thayer-Wigmore" or "Morgan" presumptions; but if they operate as Thayer-Wigmore presumptions they will not do workers' compensation claimants much good in the context of non-jury proceedings presided over by administrative law judges..

Keywords: workers' compensation, causation, presumptions, evidence, burden of proof, burden of production

Suggested Citation

Duff, Michael C., The Functional Operation of Workers’ Compensation COVID Presumptions (March 22, 2021). Available at SSRN: https://ssrn.com/abstract=3810021 or http://dx.doi.org/10.2139/ssrn.3810021

Michael C. Duff (Contact Author)

University of Wyoming College of Law ( email )

P.O. Box 3035
Laramie, WY 82071
United States

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