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High Court: Sunset Provision Fatal to Constitutional Challenge of Raid on MSF Surplus
08/31/2020
A unanimous Montana Supreme Court said it cant rule on the constitutionality of a bill that moved 28.3 million of the Montana State Fund policyholder surplus into a state fire suppression account because the law is no longer on the books.
Senate Bill 4 authorizing the transfer included a
Category: News
Split Supreme Court Upholds Statutory Limitation on Impairment Awards
12/18/2020
A narrowly divided Montana Supreme Court upheld the constitutionality of a statute that limits impairment awards to a subset of workers who have industrial injuries that do not cause wage loss.
Case Hensley v. Montana State Fund No. DA 19-0523 12162020 published.
Facts Susan Hensley
Category: News
Employers: SB 863 just the Start of Reform Process
10/04/2012
he said.
CAAA mounted a number of challenges after reform legislation was passed in 2003 and 2004 and Schmelzer said to expect the same thing when SB 863 takes effect. One area that might be challenged is the constitutionality of the independent medical review process he said.
Independent
Category: News
U.S. Supreme Court Won't Review Constitutionality of Comp System
11/01/2016
The U.S. Supreme Court on Monday denied review of a challenge to the constitutionality of the Florida workers' compensation system.
Mark Zientz
Although the Florida Supreme Court earlier this year declared portions of the state's comp scheme invalid it ducked the opportunity to weigh in
Category: News
Man Fights State Exemption of Comp for Ag Workers
10/11/2018
Farming filed a motion for summary judgment arguing that Bangtson was an agricultural worker and that South Dakota law exempted the company from providing workers comp coverage to him.
First claimant challenges the constitutionality of SDCL 62-3-15 arguing that it violates the Equal Protection
Category: News
Defense Says High Court's Decision Saved State Fund Millions
11/05/2009
By John P. Kamin Legal Editor
johnkaminworkcompcentral.com
A court decision affirming the constitutionality of a statute that cuts off benefits for claimants of retirement age has saved Montana insurers hundreds of millions of dollars in exposure according to the lead defense attorney in the
Category: News
Court Upholds Constitutionality of Attorney Fee Cap
08/07/2013
workers' compensation claims and those without since those without concurrent workers' compensation cases would be free to contract with an attorney for a higher contingent fee.
After this Osborne filed a motion with the Commission to certify the question of the constitutionality of Section 97
Category: News
Plaintiffs Seek Injunction Preventing State from Diverting Money from Multiple Injury Fund
07/08/2015
Oklahoma state lawmakers are facing a familiar opponent but this time instead of attacking the constitutionality of their 2013 workers' compensation reforms he's challenging a 2015 bill that transfers money from the state's Multiple Injury Trust Fund to pay for operating costs of the Workers
Category: News
Justices Focus on Procedural Concerns at Argument in Stahl v. Hialeah Hospital
04/07/2016
Supreme Court reviewed the constitutionality of Florida's comp scheme in 1991 it said the system passed muster because it continued to provide full medical care and some form of compensation for the partial loss of wage-earning capacity.
Since the current comp regime has eliminated permanent partial
Category: News
Court Vacates Injunction on Treatment Review Process
06/08/2016
Baton Rouge Civil Court Judge Donald Johnson made a finding that the regulatory review process likely did not comport with due process and violated the separation-of-powers doctrine.
Accordingly he said a group of workers who were challenging the constitutionality of the process were entitled to a
Category: News
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