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Court Asks Lawmakers to Revisit Limit for Mental Injury Benefits

12/24/2013
post-traumatic stress disorder. Glass also challenged the constitutionality of the Arkansas statute which limits an employee's claim for mental injury or illness to 26 weeks of disability benefits. She asserted that there is no rational basis for treating mental injuries differently from physical

Category: News

1st DCA Upholds Constitutionality of IMR

10/29/2015
California's 1st District Court of Appeal on Wednesday upheld the constitutionality of the state's controversial independent medical review system in its long-awaited ruling in Stevens v. WCAB. The court said Californias scheme for evaluating workers treatment requests "is fundamentally fair

Category: News

Marsh Webinar to Detail Comp Legal Challenges

07/19/2017
The status and implications of legal challenges to the constitutionality of workers compensation statutes in different states will be a topic covered during a webinar today hosted by Marsh. The free webinar which begins at 2 p.m. Eastern time will also discuss recent and potential changes to

Category: News

Constitutionality of Maximum Compensation Rate Argued

11/08/2017
benefits at a reasonable cost to employers. Preston urged Justices L. Clayton Roberts Ross L. Bilbrey and Susan L. Kelsey to use that rational basis test and said Florida courts have consistently upheld the constitutionality of laws that limit or reduce workers compensation benefits. Speaking by

Category: News

SCIF Joins Lien-Fee Litigation in Central District as Amicus

01/07/2014
The State Compensation Insurance Fund on Monday received permission to join a dispute in the U.S. District Court for Central California over the constitutionality of the lien provisions in Senate Bill 863. SCIF the state's largest provider of workers' compensation coverage is arguing that

Category: News

Okla. Headaches, Tenn. Advantages Outlined at WCI Conference

08/21/2014
final day of the Workers Compensation Institutes Annual Educational Conference attorney Molly Lawyer said the constitutionality of allowing employers to opt out of the Workers Compensation Act is still potentially up in the air even after the state Supreme Court upheld it last year. As a result

Category: News

Attorney General Asks Supreme Court to Hold Off on Deciding Constitutionality of Opt Out

04/25/2016
to hold off on reviewing the constitutionality of the Oklahoma Employee Injury Benefit Act. Both the AWCA and OEIB were born from the legislative overhaul of the Oklahoma comp system three years ago. Ever since then claimants' attorney Bob Burke has been on a mission to undo many of the changes

Category: News

LASIE Sets Legislative Review Forum for July 11

06/05/2018
agenda for the conference. The event also will delve into why workers' compensation costs in Louisiana remain some of the highest in the country; the constitutionality of medical guidelines; improving return-to-work outcomes; adjuster licensing and training; and regenerative medicine's impact on

Category: News

Attorneys Still Have Much to Debate After Facundo, Boughner Decisions

06/04/2008
anticipates some future challenges to the constitutionality of the legislative reforms but noted that the courts have "to date upheld the constitutionality of the statutes" as they did in the Facundo-Guerrero decision. He agreed that many gray areas still exist outside of constitutionality arguments

Category: News

After Constitutionality Ruling, Task Force Talks Modernizing State's Work Comp Law

11/13/2017
Even though his challenge to the constitutionality of Alabamas workers compensation scheme ended in a settlement last week claimants attorney Lawrence King says hes optimistic that change is coming because the state bar has assembled a task force to talk about modernizing Alabamas workers

Category: News

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