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DIR Issues Lien-Fee Refund Policy

08/09/2013
said lien claimants are keeping "their eye on that prize" to see how the court will rule on the constitutionality of applying the lien-activation fee requirement retroactively. "We're holding our breath" he said because at the end of the year "the guillotine will come down" referring to how SB

Category: News

High Court Splits 5-4 on Carrier's Ability to Subrogate Death Benefits

10/24/2013
full with a suit challenging the constitutionality of Senate Bill 1062's massive overhaul of the state comp system. The attorney said that Ace has 20 days from the date of the courts decision to seek rehearing and while "most of the time it's pro forma" for a losing party to seek rehearing "99

Category: News

Court Revives Tort Claim for Worker's Death from Tire Shredder

10/30/2013
dismissed on summary judgment since the Ohio Supreme Court in 2010 upheld the constitutionality of Section 2745. Yauch said she also is unaware of any other case in which a jury will be allowed to decide whether an employer has presented sufficient evidence to rebut the presumption of intent. Hyde

Category: News

New Lawsuits Challenge Lien-Filing Fee

11/19/2013
. 12 requested by medical and ancillary service providers who alleged the 100 lien-activation fee is unconstitutional. That injunction took effect today. But the plaintiffs in Angelotti are only challenging the constitutionality of the lien-activation fee and the injunction only applies to liens

Category: News

WCAB Upholds Sanctions on CIGA for Frivolous Contest of Lien

12/17/2013
filed three lawsuits which challenged the constitutionality of the lien activation-fee requirement. Last month a federal trial judge in Los Angeles issued an injunction prohibiting the state from enforcing the requirement that lien claimants pay the 100 activation fee before Jan. 1 2014 to avoid

Category: News

Western States Wrestling with Intoxication Statutes

02/12/2014
had no relationship to the accident. He also questions the constitutionality of withholding benefits. Workers gave up their right to sue employers for workplace injuries in order to have this slick and efficient no-fault system he said. Nevada and Colorado are among the states that limit the

Category: News

Split Panel Limits Discovery of Injured Worker's Medical Records

02/27/2014
Pennsylvania State University v. WCAB Sox. In August Montana's Workers' Compensation Court upheld the constitutionality of a state law which similarly provides that an injured worker who files a claim for benefits also authorizes her employer's insurer to communicate with her doctors. The case was

Category: News

Angelotti Plaintiffs Oppose New Argument Raised to 9th COA

03/11/2014
constitutionality of all lien provisions in SB 863 was dismissed on Feb. 3. Before the case was dismissed Judge Wu indicated in a tentative ruling that he was inclined to dismiss the case entirely based on the argument made by State Fund in its friend of the court filing. He said the brief made the strongest

Category: News

Supreme Court Says Workers Lose PPD Benefits after Incarceration

04/22/2014
Section 39-71-744 recognizes Martello said. Montana is not the only state to prohibit inmates from receiving workers' compensation benefits. New York has a similar statutory restriction as does Louisiana. In 2011 the 2nd Circuit Court of Louisiana upheld the constitutionality of the state

Category: News

1st DCA Denies Review of Constitutional Challenge to IMR

06/19/2014
By Sherri Okamoto Legal Reporter The 1st District Court of Appeal on Tuesday summarily denied review of a lawsuit that challenges the constitutionality of the independent medical review process but applicant attorneys say this doesn't mean the controversial system with limited judicial

Category: News

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