Vol. 6, Issue 26

Find Solutions & Strategies                    June 29, 2015

Florida Court Throws Out "Padgett" Decision

The question remains: "At what level has the legislature gone so far as to impinge on the social bargain and tread on due process?"     
In This Issue
A Note From the Editor
florida appellate court throws out judge cueto's "padgett" decision on procedural grounds

By Thomas A. Robinson, J.D., workcompwriter.com

  

On June 24, 2015, Florida's Third District Court of Appeal reversed and completely repudiated the decision of Judge Jorge E. Cueto, Circuit Court for Miami-Dade County, that had, on August 19, 2014, held the exclusive remedy provision of the state's Workers' Compensation Law was unconstitutional. Noting that the initial claims and parties in the case at its inception in 2011 were "transformed" by the present appellants and their counsel into a "completely different set of claims and parties" over the three years that followed, the Court said that in the process, the case lost... read more

florida workers' compensation: the great wait

All eyes are on Florida and the key challenges to its workers' comp laws   

 

By Robert J. Grace, Jr., Esq.  

 

One year ago when the Foreword to the 2014 Edition of Dubreuil's Florida Workers' Compensation Handbook (LexisNexis) was prepared we noted two significant cases being watched by the workers' compensation community. Somewhat surprisingly both cases are still pending and are awaiting a decision by the Florida Supreme Court. The Court takes its annual recess in August and it is looking like decisions in both cases may not be forthcoming until later in 2015. Additionally another workers' comp case known as "Padgett" has...read more.

LARSON'S SPOTLIGHT ON RECENT CASES

Thomas A. Robinson, J.D., our Feature National Columnist, is the co-author of Larson's Workers' Compensation Law (LexisNexis). 

  

New Mexico: "Farm and Ranch Laborer" Exclusion Found Unconstitutional. In a split decision, the Court of Appeals of New Mexico held that N.M. Stat. Ann. � 52-1-6(A), which excludes from coverage "employers of ... farm and ranch laborers," violates workers' rights to equal protection under the New Mexico Constitution...read more.

Maryland: Statute of Limitations Not Tolled by Electronic Submission of Claim. The proper "filing" of a claim pursuant to Code of Maryland Regulations 14.09.02.02A is not accomplished by the electronic submission of a claim form, held the Court of Appeals of Maryland. Accordingly, where the claim was electronically submitted...read more.

 

New York: Apportionment Denied Where Worker's Ability to Perform Duties Was Not Affected by Preexisting Condition. Reiterating that under N.Y. Work. Comp. Law � 15(7), apportionment for a pre-existing condition is allowed only where the preexisting condition was not the result of a compensable injury and the claimant was able to effectively perform...read more. 

 
national & state news

Coventry Workers Comp Services Releases 2014 Drug Trends Analysis.

National Survey Finds Big Decline in Poor Uninsured After Affordable Care Act.

US Sup. Ct.: Same-Sex Couples May Marry, Obtain All Marriage-Related Benefits.

Big Business Case for Same Sex Marriage.

Employment Expert Warns of "Hidden Traps" for Employers in Same-Sex Ruling.

JAMA: New Meta Analysis of Cannabinoids for Medical Use.

How the Press Misunderstood JAMA Study on Medical Marijuana.

A: DWC Announces Temporary Total Disability Rates for 2016.

CA: Zurich, SCIF, AIG, CNA, Other Insurers to Ramp Up Work Comp Business in 2015.

CA: WCIRB President Outlines Accomplishments, Proposals for 2015-2016.

CA: WCIRB Submits Regulatory Filing to Dept. of Insurance.

FL: DWC Issues Order Setting Assessment Rate for WCATF for CY2016.

IL: Senate Committee of the Whole to Review Workers Comp System on Tuesday.

IA: Iowa Workforce Announces Injury Benefits Increase Eff. July 5.

MA: Governor Announces Working Group on Opioid Abuse.

MI: Governor Makes Appointment to Michigan Compensation Appellate Commission.

NJ: Governor Appointments for Workers Comp Court Judges Approved by Senate.

NY: SWCB Announces New Maximum Weekly Benefit Rate Eff. July 1.

ND: WSI Hires Firm to Provide Identity Repair Services Due to Data Breach.

OH: BWC Targets Improved Quality, Coordination of Care for Injured Workers.

OR: DCBS Posts 2013 Census of Fatal Occupational Injuries Report.

OR: Governor Signs SB 2644 No Immunity for Wrongful Death in Workplace.

OR: Governor Signs HB 2764 Workers' Comp Attorney Fees.

PA: Lawmaker Introduces More Restricted, Heavily Regulated Bill for Medical Marijuana.

RI: WCC Medical Advisory Board Posts Sept. 22 Meeting Agenda.

TX: DWC Posts Discount Rate, Interest Rate for 7/1/15-9/30/15.

ENEWSLETTER ARCHIVES

ArchivesTake a deep dive into our past eNewsletters for 2015 and prior...warning - some links to articles may not work...report any linking problems to [email protected].