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Supreme Court Asked to Review Constitutionality of Opt-Out Process

02/18/2015
benefits payable under the comp act. But SB 1062 also drastically cut the benefits available to workers under the Workers' Compensation Act and it spawned a challenge to its constitutionality before it even took effect. After Gov. Mary Fallin signed the bill into law in May 2013 a group of

Category: News

Whitmer Signs New Presumption Order After Court Strikes Down Earlier Rule

10/19/2020
workers and small businesses. The order replaces a June executive order that the high court on Oct. 2 said was invalid after business and hospital groups challenged its constitutionality. The Republican-held Legislature voted to end the governor's COVID-19 restrictions and emergency orders at the end

Category: News

Beshear Vetoes Bills Limiting Presumption Order; Override Looms

01/25/2021
contracted it at the workplace. The state Supreme Court upheld the constitutionality of the orders but lawmakers moved to restrict the governor's authority. SB 1 and SB 2 approved by the Kentucky General Assembly on Jan. 9 would have limited the duration of governors' emergency orders to 30 days

Category: News

Police Officer Must Repay $45,273 in TTD Benefits

06/15/2009
the Workers' Compensation Court's interpretation of the statute and the statute's constitutionality. The high court determined that Roche's constitutional challenge was untimely and that the lower court's interpretation of the statute was correct. Disposition

Category: News

TX 3rd Ct of Appeals Upholds TWCC IRO Fees

08/17/2004
The Third Court of Appeals in Austin has upheld the constitutionality of Texas Workers' Compensation Commission Commission rules regarding fees to be paid to Independent Review Organizations IROs by health care providers and insurance carriers for medical necessity reviews. TWCC rules

Category: News

Ark. Court Strikes Down Discriminatory Benefits Law

02/23/2007
Constitution. We find no reason to revisit the issue and we reverse the commission's decision upholding the constitutionality of Arkansas Code Ann. Section 11-9-522f" Judge Sam Bird wrote in Lewis v. Auto Parts & Tire Co. CA06-659. The court did not designate the opinion for publication

Category: News

Missouri High Court Affirms Conviction Against Corp. President

04/16/2008
The Missouri Supreme Court affirmed the conviction and sentence of a corporation's president for failing to carry workers' compensation insurance including a 25000 penalty a 5000 fine and one year in prison. The president of Housecalls Inc. unsuccessfully challenged the constitutionality

Category: News

Idaho Court Denies Benefits Because of 60-day Clause

07/02/2008
arguing that the 60 days did not start until he learned of his injury in March 2005 and also challenging the constitutionality of the statute. The court was not persuaded by the arguments. The justices determined that Arel's injury did constitute an "accident" subject to the 60-day requirement noting

Category: News

Cop Who Removed Bodies From Nightclub Massacre Scene Wants PTSD Covered

08/26/2016
A Florida claimants attorney says he will challenge the constitutionality of the states workers compensation system after his client an Orlando police officer was denied benefits for psychological injuries. Pulse nightclub Wikipedia photo by Rick Singh Orange County Property Appraiser

Category: News

Governor Challenges Legislative End Run

01/12/2017
three-judge panel then issued an injunction halting the new law until its constitutionality could be determined.

Category: News

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