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Appellate Court Lifts $500K Cap on Non-Economic Damages in Civil Suits
01/05/2018
constitutionality of the 500000 damages cap in Oregon Revised Statutes Section 31.7101.
Attorneys for Kevin Rains and his wife Mitzi Rains argued that the cap violated Oregon's constitutional remedy clause because it left them without a substantial remedy after Kevin was paralyzed by a work injury. He fell
Category: News
Supreme Court Upholds Constitutionality of Statutory Benefits for Mesothelioma Claims
05/24/2018
companies to provide illusory hollow policies by adopting Accident Funds argument.
The court also rejected the alternative argument against the constitutionality of Section 287.200.4. Both E.J. Cody and the carrier had insisted that the statute was unconstitutional as applied to the case because it
Category: News
State Pushes for Decision in Lien Lawsuit, Objects to Additional Filing
08/14/2018
Californias attorney general said a federal court should issue a decision in the lawsuit challenging the constitutionality of the automatic stay on liens filed by criminally charged providers and should deny a motion from plaintiffs seeking permission to file a supplemental pleading.
This
Category: News
9th Circuit Says Angelotti, Exclusive Remedy Pre-Empt RICO Case
12/19/2018
The U.S. 9th Circuit Court of Appeals relied on a key holding from a 2015 decision affirming the constitutionality of a lien activation fee in finding that a group of California first responders lacked standing to sue third-party administrators for allegedly using frivolous denials to delay the
Category: News
Supreme Court Upholds Constitutionality of Subcontractor Immunity
12/24/2018
The Ohio Supreme Court last week upheld the constitutionality of a state law that provides immunity from tort claims to subcontractors in workers compensation self-insurance plans.
A federal trial court judge had asked the Supreme Court to address the issue last year after it came up in Daniel
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
Parties and Amici File Supplemental Briefs in Dispute over Constitutionality of IMR
03/11/2015
The 1st District Court of Appeal on Monday received supplemental briefing from the parties in a pending dispute over the constitutionality of the independent medical-review process mandated by Senate Bill 863.
Frances Stevens a former magazine editor is arguing that the limited scope of
Category: News
Amici Join Westphal Dispute over Constitutionality of TTD Limit
04/26/2013
panel to conclude on Feb 28 that the statutory cut-off was "fundamentally and manifestly unjust."
The Westphal panel pointed out the constitutionality of the 104-week TTD limit was not at issue in Hadley but Sicking remarked Thursday that he thought this was "something that the court should
Category: News
Petition Challenges Constitutionality of IMR
04/15/2014
meaningless the petition says. Based on these facts petitioner has no plain speedy and adequate remedy at the WCAB to enforce the award or seek a ruling on the constitutionality of Labor Code Section 4610.6 or to compel the administrative director and Maximus to render a transparent decision subject to
Category: News
Observers Expect Introduction of Comp Bills as Deadline Looms
02/19/2015
indicate it will be a quiet year for workers' compensation legislation.
"We've been focused on the courts and challenging the nameless faceless doctors who are denying medical care to patients they haven't examined" he said referring to a case challenging the constitutionality of the independent
Category: News
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