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Fines Against Uninsured Employers Can Be Unconstitutional
06/05/2019
turned it down. The DWC then issued an order upholding the 841200 fine.
Dami appealed to the Industrial Claim Appeals Office which remanded to the DWC with directions to review the constitutionality of the aggregated per diem fines assessed in accordance with the test established by the Colorado
Category: News
Parties Reach Deal to Allow SEUS Claims to Go Forward
09/17/2010
constitutionality of the SEUS bailout law passed by the Georgia Legislature earlier this year.
Barbara H. Gallo an attorney representing some of the former policyholders released a letter and a consent stay agreement Thursday that will allow payment of claims from the injured workers of former SEUS policyholders
Category: News
Court: Base Ratings on AMA Guides in Effect on MMI Date
12/07/2010
impairment benefits. The high court determined that the Nielsen decision applied because the Nielsen court analyzed the statutory language and determined it to be unambiguous.
Next Anderson challenged the constitutionality of the statute but the high court rejected this argument.
"In an administrative
Category: News
9th Circuit Rejects Constitutional Challenge to Labor Department's ALJ Removal Protections
08/17/2021
The U.S. 9th Circuit Court of Appeals denied a challenge to the constitutionality of the removal protections for a Department of Labor administrative law judge who awarded compensation to a coal miner under the Black Lung Benefits Act.
Case Decker Coal Co. v. Pehringer No. 20-71449 0816
Category: News
Judge Weighs Motion to Toss Out Reforms
06/15/2006
Senate Bill 1.
Representatives for the Associated Industries of Missouri which filed a amicus brief in the case said that Kinder indicated during the May 19 session that it was highly unlikely he would make a ruling about the constitutionality of the reforms so early in the case.
Jim Kistler
Category: News
No Bias or Influence on Arkansas ALJs Found
02/27/2007
the medical evidence supported by objective findings that he had sustained a new injury.
The commission also rejected Long's challenges regarding the constitutionality of the Arkansas Workers' Compensation statute Act 796 of 1993 and the workers' compensation system's structure. The commission
Category: News
Penn. Court: Judges, WCAB Can't Determine Constitutionality
05/21/2008
decision issued in Werkheiser v. WCAB No. 886 C.D. 2007 51908 the Commonwealth Court ruled that a workers' compensation judge and the board did not possess jurisdiction to determine the constitutionality of Section 204a of the Workers' Compensation Act. The ruling was against the claimant who had
Category: News
Appellate Court Rules Intentional Tort Law Unconstitional
07/28/2008
settlement that called for "certain payments contingent upon the court's rulings on the constitutionality and interpretation of R.C. 2745.01" according to the court opinion.
That left the constitutionality of the statute the only question before the appellate court.
The Eighth District judges noted that
Category: News
Appeals Court Stays Out of Group-Trust Assessment Fight
01/16/2009
administered by First Cardinal Corp. are still in New York Supreme Court in Albany arguing over the constitutionality of the assessments which Weiss issued under emergency powers after the closure of 12 trusts dating back to 2006.
Eleven of the trusts failed and another trust voted to dissolve in 2006 amid
Category: News
Hobby Lobby Joins Dispute at Supreme Court Over Constitutionality of TTD Cap
10/31/2017
Hobby Lobby Stores last week threw its support behind an Oklahoma employer defending the constitutionality of the states statutory cap on the amounts payable as temporary total disability benefits before the Oklahoma Supreme Court.
Section 45A1 of the Administrative Workers' Compensation
Category: News
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