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High Court Refuses Jurisdiction on Constitutional Challenge to "Option"

04/29/2015
constitutionality of the option and hell continue pushing that case along with a district court suit challenging voluntary comp that he plans to file today. Twelve days after it heard oral arguments in Pilkington and Lee v. State of Oklahoma ex. rel Doak the high court denied the plaintiffs application to

Category: News

New Organization Plans to Challenge Constitutionality of Filing Fee

09/18/2012
By Greg Jones Western Bureau Chief An organization formed after the California Legislature passed sweeping workers compensation reform measures on Aug. 31 is seeking members and money to pay for a legal challenge to the constitutionality of a provision in the legislation that would implement a

Category: News

Network Challenges Constitutionality of Silent PPO Law

11/19/2010
By John P. Kamin Legal Editor A class-action suit seeking at least 61.5 million in damages and attorney fees has prompted a medical network to challenge the constitutionality of a Louisiana statute that imposes exponential penalties for taking unlawful preferred provider organization discounts

Category: News

Randstad Asks High Court to Analyze TD Law's Impact

02/15/2012
several Court of Appeals' decisions upholding the constitutionality of a controversial statute that allows workers' compensation specialists to award pretrial temporary disability benefits. The staffing agency found itself on the losing end of a Nov. 1 Court of Appeals' opinion in Randstad v. Tennessee

Category: News

Bay Area Court Upholds Constitutionality of TD Cap

08/21/2007
A California appellate court upheld the constitutionality of the legislative cap on temporary disability benefits in an unpublished decision. The San Jose-based 5th District Court of Appeal held that reduction of the benefit under the 2004 workers' compensation reform was within the

Category: News

State Supreme Court Rejects Petition for Oral Argument in Opt-Out Case

08/30/2016
Attorneys for the employer in a pending Oklahoma Supreme Court case that will consider the constitutionality of the Oklahoma Option hoped that the court would hear them out. But the court on Monday rejected their petition for oral argument in Vasquez v. Dillard's. Bob Burke The deadline

Category: News

Court Denies Worker's Claim for More Treatment, Upholds Constitutionality of ALJ Positions

03/14/2017
the denial of Mills' claim for additional medical treatment. The court went on to say it has "soundly rejected" Mills' arguments on the constitutionality of the state's creation of the ALJ positions on at least three occasions. Because his attorney did not acknowledge this precedent or present

Category: News

Supreme Court to Address Constitutionality of Subcontractor Immunity in Self-Insurance Plans

12/08/2017
The Ohio Supreme Court will weigh in on the constitutionality of a state law that provides immunity to subcontractors in workers compensation self-insurance plans from tort claims by employees of other enrolled subcontractors if injured while working on the self-insured project. A federal

Category: News

1st DCA Rescinds Grant of Review of WCAB Decision Invalidating Part of MTUS

12/21/2017
WCABs ruling as the last word in the Stevens case unless the State Fund can persuade the California Supreme Court to step in. Last year the Supreme Court declined an opportunity weigh in on a prior dispute between Stevens and the State Fund over the constitutionality of the independent medical

Category: News

Court Rejects Amputee's Constitutional Challenge to Comp Act

03/14/2018
The Arkansas Court of Appeals rejected an injured workers challenge to the constitutionality of the state Workers Compensation Act and upheld the denial of his claim for permanent total disability benefits. Case Woods v. Tyson Poultry No. CV-17-785 03072018 published. Facts and

Category: News

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