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Dubreuil's Florida Handbook | |
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Attn: Risk Managers, Insurance & HR Professionals, Attorneys |
"One of the most comprehensive collections of articles impacting the industry that I have read."
-Mark Walls, VP Communications & Strategic Analysis, Safety National
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50 State Workers' Comp Legislation
Expert Analysis & Commentary
Larson's Spotlight on Cases
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workplace violence |
Employer strategies for prevention of violence and preparing for OSHA inspections
Thomas A. Robinson, J.D., our Feature National Columnist, is a leading commentator and expert on the law of workers' compensation.
 Despite strides made in recent years in reducing the overall number of work-related deaths, the nation has seen an increase in both the number of workplace violence incidents and the number of deaths associated with workplace violence, observed Lori Severson, Vice President, Loss Control Consultant in Lockton Company's Denver office, and Melissa Bailey, an attorney shareholder at the Washington, D.C. office of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., at a November 13, 2014, LexisNexis-sponsored complimentary CLE webinar "When the Unthinkable Happens: Preventing & Addressing Violence in the Workplace." If that trend is to be reversed, Severson and Bailey suggest that...read more. |
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constitutionality of florida comp act |
Florida Supreme Court hints at how it may decide constitutionality of Florida Workers' Compensation Act
By Thomas A. Robinson, JD, WorkCompWriter.com
 In a decision handed down last Thursday [Morales v. Zenith Ins. Co., 2014 Fla. LEXIS 3555 (Dec. 4, 2014)], the Supreme Court of Florida may well have tipped its hand on how it would rule if, and when, the controversial Padgett case reaches the high court's docket. Readers will recall that in August 2014, Circuit Court Judge Jorge E. Cueto found that the Florida Workers' Compensation Law, as amended effective October 1, 2003, did not provide a reasonable alternative remedy to the tort remedy it supplanted and that it was, therefore, unconstitutional [see Florida Workers' Advocates, et al. v. State of Fla., Case No. 11-13661 CA 25 (11th Judicial Circuit, Miami-Dade County, Aug. 13, 2014)(hereinafter "Padgett")]. Although the constitutionality of the Florida Act was not at issue in Morales, dicta in the Supreme Court's opinion indicates that it will not likely affirm Judge Cueto's decision, should Padgett reach the high court...read more. |
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LARSON'S SPOTLIGHT ON RECENT CASES |
Thomas A. Robinson, J.D., our Feature National Columnist, is a leading commentator and expert on the law of workers' compensation.
Minnesota: Attorney Fee Statutory Formula Constitutionally Ok, In Spite of No Judicial Review of Award. The attorney fee statute applicable in workers' compensation cases does not violate the separation of powers...read more.
Texas: Widow's Gross Negligence Action Against Employer Fails. An employer that causes the death of an employee due to the employer's gross negligence or intentional acts or omissions is subject to suit for exemplary damages...read more.
North Carolina: Evidence Establishes Taxi Driver Was Independent Contractor, Not Employee. A taxi driver was an independent contractor and not an employee and, accordingly, could not recover workers' compensation benefits...read more.
Federal: California Plaintiff's IIED Claim Barred by Exclusive Remedy Provisions of State Law. A federal district court granted an employer's motion for summary judgment on exclusive remedy grounds as to one count of...read more. |
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Workplace Violence: Employer Strategies for Prevention of Violence and Preparing for OSHA Inspections 
Holiday Roundup...and a Fall From a Keg in Delaware, by Cassandra Roberts, Esq. 
Missouri: Dependent Awarded Life-Time Comp Benefits After His Father's Cocaine-Related Death, by Martin Klug, Esq. 
