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
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.

Robert Grace 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.
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


ArchivesTake 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.