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Attorneys Request Rehearing on Constitutionality of Statutory Mandate to Use AMA Guides
07/03/2018
A group of Oklahoma claimants attorneys are asking the state Supreme Court to reconsider its decision upholding the constitutionality of a statutory requirement for the use of the sixth edition of the American Medical Association Guides to the Evaluation of Permanent Impairment to determine
Category: News
4th DCA Publishes Decision Upholding Constitutionality of Anti-Lien Fraud Statutes
10/22/2018
The 4th District Court of Appeal on Friday ordered publication of its decision upholding the constitutionality of newly enacted statues designed to address lien fraud.
The original ruling from Sept. 21 was released as an unpublished opinion. Only decisions released as published opinions become
Category: News
1st DCA Upholds Constitutionality of Statutory Cap on Benefits for Mental Injuries
04/05/2019
The 1st District Court of Appeal this week upheld the constitutionality of a statutory cap on temporary benefits for psychiatric injuries.
Florida law does not allow for the payment of benefits for a mental injury unless a worker has also suffered a physical injury. Florida Statutes Section
Category: News
1st DCA Upholds Constitutionality of SDTF Assessment
07/08/2010
and denied the reimbursement request. The Sheriff's Fund appealed.
Analysis At Florida's 1st District Court of Appeal the Sheriff's Fund argued that the SDTF assessment was unconstitutional and contended that because it is a special assessment the court should consider its constitutionality
Category: News
Court Upholds Constitutionality of Rule Requiring 6th Edition
07/09/2010
means that physicians should use the 6th Edition of the AMA Guides while rating impairment and that the rule did not violate the law.
The court upheld the constitutionality of the rule with its decision in Gutierrez v. ICA and also rejected an argument that the rule outsources the Industrial
Category: News
Federal Court Upholds Law Aimed at Curbing Prescription 'Detailing'
08/10/2010
Doctors who object to a pharmaceutical marketing practice known as "detailing" won a clear victory last week when a federal appellate court upheld the constitutionality of a Maine law barring prescription drug information intermediaries from accessing information from physicians' prescription
Category: News
3rd Appellate Upholds ATF Deposits Under Statute
10/15/2010
. In July 2010 the 3rd Appellate Division of the New York Supreme Court has upheld the constitutionality of 272 which requires private carriers to make advance lump-sum payments for permanent partial disability claims into the ATF.
In the four claimant's cases they had received PPD awards after
Category: News
Benefits For Mental Injury Prohibited if not Caused by Physical Injury
12/14/2010
his mental injuries for more than six months after the firefighters' deaths."
Wheeler also challenged the constitutionality of the law but the high court said it is prohibited from reviewing the constitutionality of a statute on an administrative appeal.
Disposition Affirmed.
To read the decision
Category: News
Appeals Court Upholds Constitutionality of Incarceration Statute
03/30/2011
A Louisiana appellate court upheld the constitutionality of a statute barring prisoners from obtaining benefits while incarcerated.
Case Blackledge v. Sol's Pipe & Steel Inc. No. 46148-CA 32311. Published.
Facts Shawn Blackledge alleged that he injured his leg and back on Aug. 1 2008
Category: News
Supreme Court Upholds Constitutionality of Direct Appeals in Comp
05/08/2012
A fractured Mississippi Supreme Court sitting en banc upheld the constitutionality of a 2011 law that allows for direct appeals from the Workers' Compensation Commission to the high court.
Case Johnson v. Sysco Food Services et al. No. 2011-WC-01086-SCT 05032012 published.
Facts
Category: News
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