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Procedural Flaws Cited by Defense As Basis to Dismiss Stahl Case
01/05/2016
The employer involved in a constitutional challenge to the Florida comp system closed out 2015 by asking the state Supreme Court to toss the case on procedural grounds or rescind its grant of review.
It would be improper for an appellate court to review the constitutionality of Floridas
Category: News
Comp Commission Declares Opt-Out Unconstitutional
02/29/2016
Yonnie Vasquez's eligibility for benefits was "inextricably intertwined" with the constitutionality of the opt-out scheme as a whole.
Oklahoma legislation passed in 2013 gave employers the option to leave the workers' comp system if they purchased alternative benefit plans for their employees that
Category: News
3rd DCA Finds IMR Constitutional, Rejects Attempt to Bypass to WCAB
03/30/2017
is consistent with Stevens.
California Chamber of Commerce spokeswoman Christine Haddon said her group was also happy that the court had agreed with its views on the constitutionality of independent medical review.
But Diane Worley the director of policy implementation for CAAA on Thursday
Category: News
Legislative Session Ends without major Comp Action, Thanks to Constitutional Uncertainty
05/04/2015
can receive permanent disability benefits. However the court didnt challenge the constitutionality of the 104-week cap.
The Supreme Court heard oral arguments in the Westphal case last June and in the Castellanos case in November. A third closely watched case in Florida the challenge to the
Category: News
Worker Lacks Standing to Bring Constitutional Challenge to Lost-Wage Statute
07/06/2023
The Vermont Supreme Court ruled that an injured worker lacked standing to challenge the constitutionality of a state statute that shifts the burden for wage-loss payments from a former employer to a current employer.
Case Mahmutovic v. Washington County Mental Health Services Inc. No. 22-AP
Category: News
Colo. Court Affirms Cap Constitutionality
02/09/2009
A 15000 statutory cap on subcontractors' civil damages does not infringe upon injured independent contractors' constitutional rights according to a
Category: News
9th Circuit to Rehear Dispute Over PBM 'Studies' Law
11/02/2011
The 9th Circuit Court of Appeals' active judges voted to rehear a lawsuit pitting five retail pharmacies against 17 pharmacy benefit managers in a fight about the constitutionality of a California statute requiring the pharmacy benefit managers to create studies about usual and customary charges
Category: News
FL: Order Compelling Atty Billing Not Subject to Writ
04/13/2005
constitutionality of section 440.347 which places a 1500 cap on the amount of attorney's fees recoverable by a claimant. Because a JCC can only award 1500 to a claimant that successfully prosecutes a claim for medical benefits Brown argued that the cap encourages employers and carriers to "engage in
Category: News
AZ Supreme Court to Hear Drug-Use Case
04/26/2005
comprising a different panel of judges upheld the constitutionality of the statute in a different case.
Attorneys for SCF of Arizona seek to clarify the conflicting Arizona Court of Appeals' rulings and to argue that the petitioner's injuries are in fact noncompensable.
"There is no joy in
Category: News
Judge Dismisses Suit Against Apportionment Law
07/29/2005
An Iowa judge dismissed a lawsuit that challenged the constitutionality of a business-backed bill that expands apportionment in the state's workers' compensation system.
Polk County District Judge Douglas Staskal ruled that injured worker Gertrude Godfrey of Sioux City did not have standing
Category: News
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