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John Floyd
May 22, 2020 a 5:05 pm PDT
There’s almost no question that the exec order is unconstitutional insofar as only the leg has the power and authority to make work comp laws .... even in an emergency. However before there’s even one case that starts the challenge, it will Sunset and the legislature’s replacement will take its place. While the intent to speed up the claims process is laudable, we can’t get an adj number in 30 days let alone subpoena records, interview witnesses, research clusters and outbreaks in the community etc. This order will prompt more denials with due process reasons rather than speed up claims.... well except for state fund which is the governor’s agency. I suspect the presumption ultimately be no more important or effective than the 90 day presumption we have now.
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John Floyd May 22, 2020 a 5:05 pm PDT
There’s almost no question that the exec order is unconstitutional insofar as only the leg has the power and authority to make work comp laws .... even in an emergency. However before there’s even one case that starts the challenge, it will Sunset and the legislature’s replacement will take its place. While the intent to speed up the claims process is laudable, we can’t get an adj number in 30 days let alone subpoena records, interview witnesses, research clusters and outbreaks in the community etc. This order will prompt more denials with due process reasons rather than speed up claims.... well except for state fund which is the governor’s agency. I suspect the presumption ultimately be no more important or effective than the 90 day presumption we have now.