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CWCI Study Questions Efficacy of Narrowing Window for Liability Decisions
07/22/2022
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SB 1127 would also allow firefighters and peace officers to receive up to 240 weeks of temporary disability benefits without limitation as to the amount of time that has passed from the date of injury for presumptive cancer claims. Temporary disability is generally limited to 104 compensable weeks
Category: News
Appellate Court Says Ratings Firm and Regulators Did Not Violate Sunshine Law
05/10/2017
court found in Westphal that the 104-week statutory limitation on temporary total disability benefits was unconstitutional and should revert to the 260-week limitation in effect before a 1994 law change.
Those two court decisions will cost employers 1.5 billion in the first year because of higher
Category: News
Supreme Court Gets Opening Brief in Challenge to 'Employer Consent' Statute
06/15/2016
week declaring the state's 104-week cap on temporary disability benefits to be unconstitutional.
There's also a case before the Oklahoma Supreme Court on the constitutionality of the state's opt-out scheme which the state Workers' Compensation Commission has already found to be invalid and there
Category: News
General Assembly Speeding Through Full Comp Agenda
02/12/2010
agenda is SB 2943 which addresses a May 26 2009 ruling by the Tennessee Supreme Court in Lori Ann Patton v. Hartco Flooring Co.
The high court affirmed a trial court decision that lifted the cap on permanent partial disability PPD benefits for Patton a line grader who suffered a right arm and
Category: News
1st DCA Strikes Down Limit on Attorney Fees as Unconstitutional
06/06/2013
away at its provisions.
Earlier this year a 1st DCA panel comprised of Judges Philip J. Padovano Bradford L. Thomas and now-retired Judge Marguerite H. Davis ruled that Florida's statutory 104-week cap on temporary total disability benefits was unconstitutional.
The panel based their
Category: News
SB 899 Presents Significant Time Issues
04/21/2004
Labor Code section 4604.5.
5. Temporary Disability Limits
Aggregate disability payments for a single injury occurring on or after the effective date of the section on or after 4192004 are limited to no more than 104 compensable weeks within a period of two years from the date of
Category: News
Business Wants New Laws to Lower Costs; Claimants' Attorneys Say Drop NCCI
08/01/2016
barred reasonable fees in some instances.
The Supreme Court in June ruled in Westphal v. City of St. Petersburg that the states 104-week cap on temporary disability benefits was unconstitutional.
The National Council on Compensation Insurance said those decisions particularly in Castellanos
Category: News
Senators Support Moving Away From Administered Pricing
12/15/2016
court ruled in Marvin Castellanos v. Next Door Co. that capping claimants attorney fees with no provision for ensuring those fees were reasonable was unconstitutional.
It ruled in Bradley Westphal v. City of St. Petersburg that the maximum 104-week duration for temporary total disability benefits
Category: News
High Court Splits on Amount of Benefits Due to Comatose Worker
09/20/2013
after a 1991 car accident a four-justice majority of the high court on Wednesday concluded that his estate could only get 104 weeks of benefits because no application for benefits based on the loss of use of his extremities was filed during his lifetime.
The three dissenting justices countered
Category: News
Claimant Attorneys Fighting Cost Cutting with Constitutional Challenges
12/08/2015
full care is not being provided by the comp system.
Florida Supreme Court justices already have heard oral argument in Westphal v. City of St. Petersburg which challenges Floridas 104-week cap on temporary disability benefits and in Castellanos v. Next Door Co. which centers on the
Category: News
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