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Amputation Not Compensable because of Positive Marijuana Test
09/14/2012
caused by intoxication and is not compensable.
Procedural History The Workers' Compensation Commission found that Hudgens had failed to overcome the statutory presumption and his injury was not compensable. Hudgens appealed arguing he did overcome the presumption and challenging the constitutionality
Category: News
Law against 'Double-Dipping' on Benefits Is Constitutional
01/28/2013
defrauding the state. Given the strong presumption of constitutionality afforded to statutes which had a rational basis for enactment the court said it agreed with the trial judge's actions.
Disposition Affirmed.
To read the decision click here.
Source WorkCompCentral
Category: News
Stipulation Filed in Lien-Fee Constitutional Challenge
08/28/2013
A group of service providers who are challenging the constitutionality of the lien-activation fee imposed by Senate Bill 863 have agreed to dismiss Gov. Jerry Brown and Attorney General Kamala Harris from the lawsuit in exchange for a promise from the Department of Industrial Relations not to move
Category: News
Gov. and AG Dropped from Central District Lien Dispute
01/15/2014
they will not seek transfer of this action to another district for any reason.
Chorn in November filed lawsuits with the federal and state courts in Los Angeles challenging the constitutionality of all lien provisions in Senate Bill 863 including the 150 filing fee the 100 activation fee the
Category: News
Veteran Attorney Admits Misappropriating Client Funds, Resigns
02/03/2014
& Bernstein where he represented the Government of Iran in their lawsuit against the Shah of Iran a matter involving the constitutionality of the Iran-US Hostage Agreement that was argued before the U.S. Supreme Court. He then became the head of the products liability department at Queller Fisher
Category: News
State Act Works to Stem Worker Misclassification
04/01/2014
misclassified and proposed a large fine. The roofing company owners challenged the constitutionality of the act but the court rejected the arguments that the law violated "due process rights and is impermissibly vague."
To receive workers' compensation benefits an employer-employee relationship must exist
Category: News
High Court Denies Rehearing of Challenge to Classification Act
05/29/2014
The Illinois Supreme Court on Tuesday denied rehearing of its prior decision upholding the constitutionality of the state's Employee Classification Act.
A husband and wife who ran a construction company known as Jack's Roofing mounted the constitutional attack after they received a notice from
Category: News
Chamber of Commerce Seeks to Join Castellanos Case as Amicus
05/30/2014
The Florida Chamber of Commerce on Wednesday asked the state Supreme Court for permission to file an amicus brief in a pending high-profile dispute over the constitutionality of the state's limits on attorney fees.
Several other groups including the Workers' Injury Law and Advocacy Group
Category: News
Supreme Court Hears Oral Argument in Westphal
06/06/2014
position.
A video of the oral argument will be available by noon EDT here.
One other high-profile workers' compensation case is pending oral argument before the Supreme Court involving the constitutionality of the statutory method for calculating fee awards for claimant attorneys.
Section
Category: News
SCIF to Participate in Angelotti Oral Arguments
11/11/2014
Image via SCIF
California regulators agreed to give State Compensation Insurance Fund five minutes to address the 9th Circuit Court of Appeals on the constitutionality of the lien activation fee during oral arguments next week.
A notice filed with the court Nov. 6 by Eric S. Boorstin
Category: News
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