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Worker Gets Hearing on Challenge to Attorney Fee Statute

04/04/2013
A Florida worker was entitled to an evidentiary hearing for purposes of developing a constitutional challenge to the state's statutory restrictions on attorney fees the 1st District Court of Appeal ruled. Although a judge cannot rule on the constitutionality of Florida Statutes Section 440.34

Category: News

Process for Cutting Off Benefits Passes Constitutional Muster

04/16/2014
The Connecticut Appellate Court on Tuesday upheld the constitutionality of the statutory process by which an employer can seek to terminate a worker's benefits. Case Passalugo v. Guida-Seibert Dairy No. AC 35262 04152014 published. Facts Justin Passalugo suffered an injury in the

Category: News

Supreme Court to Hear Argument in Castellanos on Nov. 5

09/12/2014
The Florida Supreme Court will hear oral argument on the constitutionality of the state's statutory cap on attorney fees Nov. 5. Castellanos v. Next Door Co. has been pending before the court since March. It is the second of two high-profile constitutional challenges to aspects of the comp

Category: News

High Court Affirms Constitutionality of Lumbar PPD Table

05/07/2009
In a published decision the West Virginia Supreme Court of Appeals affirmed the constitutionality of a rule and table that stakeholders use to rate permanent disability for lumbar spine injuries. Case Simpson v. West Virginia Office of the

Category: News

Statute Pits Insurers Against Fund Over Costly Traumatic Claims

10/26/2009
The Wisconsin state Supreme Court will decide in the next several months whether to hear a case on the constitutionality of a law that retroactively shifted liability from a state fund to insurers. Attorneys anticipate that the high court will decide before 2010 if it will review a question about

Category: News

Insolvency Pool Challenges Constitutionality of SEUS Bailout

06/25/2010
operates as a private nonprofit entity. "There were some arguments made by the insurance industry during the recent legislative session concerning the constitutionality of House Bill 1364 so the constitutional challenge does not come as a surprise" Oxendine said. "Undoubtedly the Legislature thought

Category: News

Insolvency Pool: SEUS Claims 'Astronomical' Compared to Buy-ins

10/25/2010
DeKalb County. "If the pool is required to tap into that reserve fund to cover the SEUS claims it would be denied the benefit of the interest income that would otherwise be generated by those funds" the pool argued. The pool has challenged the constitutionality of the law because it provides

Category: News

MT Sup Court Rules in 3 Comp Cases

12/06/2004
The Supreme Court of Montana last week was active with workers' compensation cases making rulings in three separate decisions on statute of limitations changes in procedure mid-claim and the Constitutionality of the Occupational Disease Act. Constitutionality of the Occupational Disease

Category: News

Tennessee Reforms Pass Constitutional Test

09/01/2006
The Tennessee Supreme Court upheld the constitutionality of 2004 reforms to workers' compensation law turning back a challenge to the American Medical Association guides for rating disability in the process. Justice Cornelia Clark wrote the majority opinion in Lynch v. City of Jellico Nos

Category: News

3rd DCA to Hear Apportionment Discrimination Appeal

05/14/2007
decision however did not address the constitutionality questioned raised by Brown. "Escobedo did not get into the problems of constitutionality nor did it get into whether store clerk Escobedo's arthritis was a direct result of her work" said York McGavin a durable medical goods equipment

Category: News

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