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1st DCA Accepts Additional Amicus Brief in IMR Dispute

01/15/2015
The 1st District Court of Appeal on Tuesday accepted one more amicus brief in a pending dispute over the constitutionality of the independent medical-review process mandated by Senate Bill 863. So far the California Applicants' Attorneys Association California Workers' Compensation Institute

Category: News

1st DCA Remands Case for Ruling on Attorney's Fees

10/05/2015
A Florida appellate court side-stepped having to decide the constitutionality of the state's statutory cap on attorney fees and ordered a judge of compensation claims to rule on a worker's entitlement to a fee award for his attorney's work in securing a fee award based on the worker's recovery on

Category: News

2nd DCA Sets March Argument Date for Challenge to Lien Fees

01/28/2016
. A challenge to the constitutionality of the filing fee resulted in a two-year delay in the Division of Workers' Compensation actually dismissing the liens that hadn't been activated. That case Angelotti Chiropractic v. Baker has been appealed to the U.S. Supreme Court. Three years ago the

Category: News

U.S. Supreme Court Orders DIR to File Response to Writ Petition in Angelotti Case

03/07/2016
The U.S. Supreme Court is demanding that the administrators of California's workers' compensation system defend the constitutionality of the lien activation fee implemented by SB 863. The U.S. Supreme Court A group of seven plaintiffs led by Angelotti Chiropractic contend that the 100

Category: News

U.S. Supreme Court Sets Conference Date for Constitutional Challenge to Lien Fees

05/05/2016
The U.S. Supreme Court this week distributed the briefs prepared by the parties in a dispute over the constitutionality of California's lien reform efforts for consideration by the justices. According to the court's docket the justices will discuss the petition in Angelotti Chiropractic v

Category: News

Briefing Underway at Supreme Court for Dispute on Use of AMA Guides

02/09/2017
Briefing is underway before the Oklahoma Supreme Court in three companion cases challenging the constitutionality of the use of the sixth edition of the American Medical Association Guides to the Evaluation of Permanent Impairment to assign disability ratings to non-scheduled injuries. Bob

Category: News

Chamber of Commerce Joins Pending Dispute Over Use of AMA Guides

03/20/2017
The Oklahoma Chamber of Commerce last week threw its hat into the ring in a pending dispute over the constitutionality of the use of the American Medical Association Guides to the Evaluation of Permanent Impairment sixth edition to assign disability ratings to non-scheduled injuries. Three

Category: News

1st DCA Gets Petition for Review of WCAB Decision Striking Down MTUS Section on Home Care

08/11/2017
purposes of judicial review. If the court grants review it wont be the first time for Stevens and the State Fund to be before the 1st DCA. They were there less than two years ago when Stevens unsuccessfully challenged the constitutionality of the IMR system and the limited grounds for WCAB review of

Category: News

Attorneys Take TTD Cap Challenge to Supreme Court

10/25/2018
unpublished opinion released on Oct. 12. While the COCA acknowledged that the Supreme Court has not yet addressed the constitutionality of Section 45A1 it reasoned that the Supreme Courts 2017 decision in Graham v. D&K Oilfield Services supported a conclusion that the statute would pass muster

Category: News

Ark. High Court to Review Commission's Constitutionality

10/07/2008
The Arkansas Supreme Court will consider a prominent claimant's attorney's arguments that the Workers' Compensation Commission unconstitutionally favo

Category: News

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