workers' compensation, causation, presumptions, evidence, burden of proof, burden of production
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.
Duff, Michael C., The Functional Operation of Workers’ Compensation COVID Presumptions. Saint Louis U. Legal Studies Research Paper No. 2021-37.