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Court Confirms Reg Barring Appeals of Temporary Decisions
11/15/2010
dismissed the application for review because the judges decision was not a final and appealable decision. The court did not address the constitutionality of the rule.
Next the employer filed a petition for a declaratory judgment against the commission and Petelik asking a trial court to declare the
Category: News
Supreme Court Ducks Deciding Constitutionality of Treatment Schedule
10/14/2015
The Louisiana Supreme Court has put off ruling on the constitutionality of the state's process for the administrative adjudication of a worker's request for medical treatment effectively leaving the existing system in place while a court battle continues.
In June a trial court judge in Baton
Category: News
High Court Unanimously Upholds Constitutionality of Cap on Attorney Fees for Treatment Disputes
10/13/2017
The West Virginia Supreme Court unanimously upheld the constitutionality of the states statutory cap on attorney fees for successful protests of medical treatment denials.
Case Bandy v. Murray American Energy No. 16-1165 10012017 published.
Facts and procedural history In January
Category: News
Attorneys Seek Review of WCC's Jurisdiction on Retaliation Claims
03/28/2018
A trio of Oklahoma attorneys on Tuesday filed a request with the state Supreme Court to decide the constitutionality of the statutory grant of jurisdiction to the Workers' Compensation Commission to hear retaliation claims.
Bob Burke
Prior to the enactment of the Administrative Workers
Category: News
High Court to Review Statute's Constitutionality
10/21/2009
the decision the commission had noted that the Legislature had clearly intended to apply the change retroactively.
Instead of ruling in the case the Court of Appeals referred the question on to the state Supreme Court with concerns about the statute's constitutionality.
"Here however the risk
Category: News
Court Maintains Constitutionality of Act 111, Impairment Rating Evaluation Process
07/28/2023
The Commonwealth Court upheld the constitutionality of the states revised standards for impairment rating evaluations and the modification of a workers status from totally disabled to partially disabled.
Case Brown v. City of Philadelphia No. 154 C.D. 2022 07262023 unpublished.
Facts
Category: News
Court Affirms Constitutionality of Horizontal Immunity Statute
12/05/2008
constitutionality of the statute.
Analysis
First the appellate judges concluded that Elmo Greer's workers' compensation policy did cover the Amorins which meant that they could use the horizontal immunity defense. Next the judges opted to consider the constitutionality argument and rejected Gordon's
Category: News
Commission Doesn't Have Jurisdiction Over Pre-AWCA Retaliation Claim
09/13/2017
constitutional rights to a jury trial and to a legal remedy for a wrong that she had suffered.
The Oklahoma Attorney General intervened in the lawsuit to defend the constitutionality of Section 7.
District Court Judge Bernard Jones found that Section 7 was constitutional and that Young had to pursue a
Category: News
2nd Circuit Declines to Review Constitutionality of 2007 Reforms
11/10/2009
A federal appellate court declined to consider the constitutionality of two of former Gov. Eliot Spitzer's 2007 reforms because it could disrupt New York's "carefully established" workers' compensation system.
Case Liberty Mutual Insurance Co. v. Hurlbut No. 09-1215 110409 published.
Facts
Category: News
Claimant Attorney Questions Constitutionality of Workers' Comp Law
04/01/2014
Sheehy in a Monday interview said the constitutionality challenge will be part of Martin's case when it goes to trial before a workers' compensation judge.
The attorney general upon receipt of the constitutionality challenge notice can be part of the case in defending the statute but Sheehy said
Category: News
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