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Employer Ponders Asking High Court to Change Pretrial Benefits Law
11/07/2011
. Tennessee Department of Labor.
The court based a significant part of its analysis upon an Oct. 10 decision titled Tyson Foods v. TDOL which had also upheld the constitutionality of the statute. The two cases appear to be the first to challenge the constitutionality of the TD portion of the statute
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
Court Reinforces 24-visit Cap With Facundo-Guerrero Decision
06/03/2008
Exchange Inc. and its insurer Argonaut Insurance Co. denied the care based on the 24-visit cap imposed by Senate Bill 228 in 2003 as Labor Code Section 4604.5d.
After a workers' compensation judge and the WCAB both ruled that they did not have the jurisdiction to address the constitutionality of the
Category: News
Insolvency Pool Drops Opposition to SEUS Bailout Bill
10/18/2013
counsel to the pool confirmed in an email Thursday that the pool decided not to petition the Georgia Supreme Court to reconsider its Sept. 9 ruling that the pool has no standing to challenge the constitutionality of House Bill 1364 which former Gov. Sonny Perdue signed into law on June 4 2010.
The
Category: News
Workers' Comp Option Set to Start Soon, Says Insurance Chief
02/06/2014
buy alternative insurance to give up their right to sue.
Dallas-based PartnerSource executive Bill Minick authored a report on the Oklahoma Option last July two months after HB 1062 was signed into law. He predicted workers' compensation lawyers would challenge the constitutionality of both
Category: News
Occupational Doctors' Group Files Amicus Brief in Angelotti Case
03/17/2014
An association of occupational medicine physicians on Friday submitted an amicus brief with the U.S. 9th Circuit Court of Appeals in support of a group of plaintiffs challenging the constitutionality of the lien provisions in Senate Bill 863.
SB 863 requires lien claimants to pay a 100 fee to
Category: News
Claimant Attorney to Challenge Constitutionality of Consent
03/25/2014
attorney general."
Martin said MHA has taken the position that Strissel can work while collecting benefits only if she has its consent. Martin says the authority to grant a claimant consent to work should only be with the Legislature not insurers. His constitutionality challenge will question whether
Category: News
Defense and Amici Weigh-In on Constitutional Challenge
09/15/2015
Briefs from the defense and its amici are coming in to the Oklahoma Supreme Court for a dispute over the constitutionality of state Statutes Section 85A-57 which provides that workers become ineligible for benefits if they miss two or more appointments for treatment without a valid excuse.
In
Category: News
Supreme Court Gets Opening Brief in Constitutional Challenge to Comp System
11/04/2015
.
Zientz further contends that injured workers are members of a protected class comprised of the "physically disabled" and so the constitutionality of laws affecting their interests need to be able to withstand strict scrutiny.
"The current law as of October 1 2003 fails the tests of adequacy" he
Category: News
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