Presumption

Abstract

Presumption is a way of side-stepping the tedious, expensive, and redundant process of producing evidence for general causation for every similar case. The key to a good presumption is to define the condition and the associated eligibility of the claimant in such as way that most claims are meritorious and the non-meritorious cases are kept to a minimum by reasonable eligibility criteria and expert advice. Presumption removes a very large burden from the claimant, who in most other situations cannot afford to get the expert help to back up their claim, and usually do not know even where to start. (Among firefighters, however, union locals generally pursue these claims on behalf of their members.) Thus, presumption levels the field and makes it possible for injured workers to pursue claims. Presumption, properly proposed and implemented, also works as a social good, in that disputed claims are very costly and time-consuming to decide, and so impose a considerable expense on the compensation system. Employers, who in the case of firefighters are normally municipal governments, almost invariably resist presumption because they want control over their losses, given that cases can cost hundreds of thousands or even above a million dollars or euro over the remaining lifetime of an injured firefighter. They also want the freedom to dispute cases that have, in their eyes, little or no merit. Modern presumption legislation for cancer among firefighters began in the province of Manitoba in 2002, which started a movement across North America and provided the model for federal legislation in Australia.