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BREAKING: Florida Supreme Court Strikes Fee Cap
10/23/2008
allows claimants to recover a "reasonably attorney's fee" from a carrier or employer when prevailing in a case.
The court had denied jurisdiction in a half-dozen previous cases in which the 1st District Court of Appeal upheld the constitutionality and structure of the fee cap. But it accepted
Category: News
3rd DCA Gets Amicus Briefs Backing FWA in Challenge to Constitutionality of Comp System
03/03/2015
The 3rd District Court of Appeal last week accepted two more amicus briefs in the pending dispute over whether Florida's comp system can continue to
Category: News
Worker Cannot Challenge Terms of Settlement Agreement 20 Years After-the-Fact
12/30/2021
."
Price did not challenge the constitutionality of this statutory provision at the time and she agreed to a settlement that incorporated its limitations. Price could have challenged the constitutionality of the Social Security offset provision back in 1997 but since she did not she assumed the risk of
Category: News
High Court Upholds Intentional Tort Statute's Constitutionality
03/24/2010
the employer defendants who defended the constitutionality of Revised Code 2745.0. The high court's opinions in Kaminski v. Metal & Wire Products Co. and Stetter et al. v. R.J. Corman Derailment Services address examined employer intentional tort workers' compensation and constitutional law
Category: News
Court of Appeals Rules Black Lung Law is Unconstitutional
04/13/2010
attorney but did not receive a response before deadline.
If Vision Mining does appeal it would not be the first time that the Kentucky Supreme Court has considered the law. The high court has upheld the law's constitutionality in past decisions Reverman said.
Friday's decision cited one of those
Category: News
Attorneys: High Court's Tort Rulings End of Long Fight
05/24/2010
original intent of the 1912 social compromise.
Garvin filed a brief in the Kaminski case on behalf of the Ohio Chamber of Commerce. He said he was pleased the Supreme Court upheld the constitutionality of the statute. Garvin said the Ohio state constitution provides that workers' compensation coverage
Category: News
High Court Upholds Constitutionality of Exclusivity
03/23/2011
Montanas Supreme Court issued a decision last week affirming the constitutionality of the states Workers Compensation Act after a surviving family member of a fatally injured worker attempted to argue that the quid pro quo agreement of work comp was not satisfied in her case.
The case Walters
Category: News
Session Ends with Little Action on Work Comp
05/08/2006
this summer on Jean Lundy and Charles Williams vs. Four Seasons Ocean Grand Palm Beach which challenges the constitutionality of the cap on attorneys' fees. Opponents argue injured workers with small claims can no longer be sure of legal representation.
An analysis of Adams' bill by the National
Category: News
OIEC Reports Question Constitutionality of Work Comp System
08/16/2013
Supreme Court has abolished the good faith and fair dealing remedy because OIEC assistance was available the lack of authority or resources provided to OIEC brings into question the constitutionality of the dispute resolution process."
To back up its argument the OIEC cited numerous statistics in two
Category: News
Fla.-type Challenge to 104-Week TD Cap Unlikely
09/25/2013
By Greg Jones Western Bureau Chief
Employers in California are required to advance permanent disability benefit payments to injured workers who exhaust the 104-week cap on temporary disability benefits making it unlikely that anyone will challenge the constitutionality of the cap as was done in
Category: News
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