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Presumptive Law Claim Analysis

Presumptive disability laws provide a presumption of causality for certain conditions and diseases in association with specific occupations. These laws place the burden of proof on the potentially liable party (employer) rather than the affected party (employee). This means the employer may need to prove that the claimed disability has a cause other than the duties and risk factors associated with the occupation.

NAMJ has gathered an impressive team of scientists, clinicians, and physicians to provide expertise on presumptive disability law matters. Our team provides timely and invaluable services to insurers, TPAs, and municipalities faced with claims pursuant to presumptive laws, such as Texas Government Code Chapter 607. (Chapter 607 provides a presumption of causality for firefighters and emergency medical technicians for certain diseases, including heart disease, tuberculosis, respiratory illness, and cancer.)

NAMJ utilizes a comprehensive consultative approach to this type of claim, including reports based on medical and scientific knowledge of the specific type of cancer involved in this claim and its potential causality, as well as the specific claimant’s medical history.




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