Vol. 7, Issue 24

Find Solutions & Strategies June 13, 2016

Florida: An Overview of Recent Decisions on Constitutionality of Workers' Comp Act

In This Issue

- FLORIDA WORKERS COMP

- LARSON'S SPOTLIGHT

- NATIONAL & STATE NEWS

- eNEWSLETTER ARCHIVES

A Note From the Editor

florida: an overview of recent decisions on constitutionality of workers' comp act

Castellanos, Westphal, Padgett, Miles, and Stahl

By Robert J. Grace, Jr., Esq., and Lyle Platt, Esq.

For two years now we have written about a collection of cases which represent the most closely watched and eagerly anticipated workers' compensation cases since our statute went into effect in 1935. At the present time, Florida's workers' compensation statute continues to be with small exception the exclusive remedy for workplace accidents. Recent efforts have been unsuccessful in striking down the exclusive remedy or expanding the ability of injured workers to seek potential tort remedies. However, Florida once again has hourly attorney fees in place for claimant attorneys who successfully prosecute the claim of their client. It is difficult to tell whether further legislative change to the attorney fee statute is on the horizon. Indeed, some observers believe...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).

Federal: Oregon's Retaliatory Discharge Statute Offers No Protection Where Comp Claim Filed in Another State. A federal district court in Oregon, construing Or. Rev. Stat. � 659A.040--the state's retaliatory discharge provision--held that the statute protects only those workers who apply for...read more.

Iowa: Employer's 401k Contributions Not Included in Average Weekly Wage Computation. The employer's matching contributions to an employee's 401k plan are not weekly earnings for purposes of calculating the employee's workers' compensation benefits...read more.

New York: Medical Testimony as to Possible Causes of Heart Attack Did Not Meet Evidentiary Standard. The New York Workers' Compensation Board erred when it found that a corrections officers work activities were causally connected to his myocardial infarction where the employer's...read more.

Federal: Leased Employee May Not Sue Leasing "Employer". Where corporation A supplied licensed truck drivers to corporation B--an affiliated entity--under a three-year agreement under which the drivers worked at B's facilities, but remained employees of...read more.

Work Comp Emerging Issues

national & state news

PCI Issues New Report on Medical Cost Shifting From WC Opt Out Systems.

PCI Insurers Support Town Hall to Discuss Florida Workers' Comp System.

WCRI Study Finds Large Decreases in Opioids Received by Injured Workers.

AZ: Arizona Adopts IC Rules for ODG Drug Formulary Evidence-Based Guidelines.

CA: WCIRB Governing Committee to Meet June 15.

CA: DWC Posts Adjustments to OMFS (Physician/Nonphysician Services).

CA: DWC Issues 2nd Comment Period for Changes to ASC, Outpatient Fee Schedule.

KY: Judge Blocks Governor's Order Abolishing WC Nominating Commission.

NY: WCB Announces Changes to Reimbursement for Burials, Funeral Services.

OK: Lawsuit Filed for Challenging Workers Comp for State Employees.

OR: WCD Announces New Self-Insured Base Rates.

ENEWSLETTER ARCHIVES

Take a deep dive into our past eNewsletters for 2016 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

June 6, 2016: Will Increasing Wages Improve Worker Health?
May 31, 2016: Workers' Comp Opt Out Laws: No Escape From ERISA?
May 23, 2016: Recent Developments: New York Reopened Case Fund, OCSLA.
May 16, 2016: SSDI Fund and Workers' Compensation.
May 9, 2016: IAIABC Taking Part in Shaping the Future of Workers' Compensation.

ACCESS ARCHIVES AND ARTICLES LIST HERE.

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