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Lawsuit Challenges Constitutionality of Occupational Safety and Health Act
02/03/2023
The U.S. 6th Circuit Court of Appeals will hear a case asking whether Congress unconstitutionally delegated unlimited authority to the executive bran
Category: News
Proposed Definition of Visit, Voucher Form Draw Criticism
11/20/2012
services in managing the care of an injured worker.
Bret Graham president of LatinoComp said in written comments that the case was a constitutional challenge to the 24-visit cap. The court affirmed the constitutionality of the cap by finding that the Legislature has the authority to limit the number of
Category: News
State Fund's Chief Rides Tide of Litigation
11/11/2016
.
In 2014 a disabled worker who had been denied coverage for home health services questioned IMR's constitutionality in a lawsuit.
Frances Stevens was a "very sympathetic injured worker" said Ellen Langille general counsel of the California Workers' Compensation Institute. A magazine publisher
Category: News
State: Claimants Can Challenge Stay, Not Whether Individual Liens Are Tainted
09/22/2017
Californias attorney general said in recent court filings that plaintiffs challenging the constitutionality of the automatic stay on liens filed by or on behalf of criminally charged providers are conflating two important questions.
The first is whether Labor Code Section 4615 gives a
Category: News
New High Court Justice Made Rulings for Workers as Much as Employers
01/29/2019
procedurally proper vehicle for the trial court's assessment of the constitutionality.
Judge Cueto should never have drafted that order in the first place Tanenbaum said.
Gerald Cope of Miami and attorney for the Florida Chamber of Commerce which signed on as an amicus curiae in the case declined
Category: News
1st DCA Strikes Down Limit on Attorney Fees as Unconstitutional
06/06/2013
constitutionality of the entire act."
He also posited that the Supreme Court's justices "know that what we have now is bad law."
Five years ago during the oral argument for a case called Murray v. Mariner Health Zientz said Justice Barbara J. Pariente commented on how legislative amendments have
Category: News
Supreme Court Rejects Vagueness Challenge to Classification Act
02/24/2014
the constitutionality of the act.
They alleged that the act was unconstitutional "special legislation" because it subjected the construction industry to more stringent employment standards than other industries that it violated their due-process rights by denying them a right to be heard on the
Category: News
State Fund Wants to Wrap Alleged Kickbacks to Surgeons into Fraud Suit
12/22/2014
January 2008 are pending before the WCAB with a combined value of 1.4 million according to EAMS.
Also on State Fund's list is Dr. David Payne a plaintiff in the Angelotti Chiropractic v. Baker et al. case challenging the constitutionality of the 100 lien activation fee created by SB 863 and a
Category: News
High Court Gets Amicus Briefs in Constitutional Challenge
11/19/2015
St. Petersburg which challenges Florida's 104-week cap on temporary disability benefits and in Castellanos v. Next Door Co. which centers on the constitutionality of the method for calculating attorney fees set forth by Florida Statutes Section 440.34.
Geoffrey Bichler of Bichler Kelley
Category: News
Legislative Pushback on Court Rulings Finds Traction in House
02/04/2016
the exemption unconstitutional.
"It doesn't do anything to save the constitutionality of the exclusion" she said. "The exemption would be just as unconstitutional as it was before this bill if it becomes law."
A hearing has not been scheduled on SB 244.
Bills will have to move quickly if
Category: News
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