Workers' Compensation

Recent Posts

United States: Oklahoma's Subrogation Statute is Constitutional
Posted on 31 Aug 2019 by Thomas A. Robinson

Construing Oklahoma law, a federal district court ruled that 85A Okla. Stat. § 43, the subrogation provision within Oklahoma’s workers’ compensation law, does not violate Article 23, Section 7 of the state’s Constitution. The federal... Read More

United States: 6th Circuit Strikes Down Ohio’s Statutory Prohibition Regarding Attorney Solicitation
Posted on 14 Jul 2019 by Thomas A. Robinson

The Sixth Circuit Court of Appeals struck down a provision in Ohio Rev. Code Ann. § 4123.88(A) that bars an attorney from soliciting authority to represent a claimant or employer with respect to a worker’s compensation claim or appeal. Finding... Read More

Kansas: Court Expands Pardo Decision: Use of AMA Guides 6th Ed. Is Unconstitutional
Posted on 3 Aug 2018 by Thomas A. Robinson

On Friday (August 3, 2018), the Court of Appeals of Kansas held the use of the AMA Guides (6th Edition) for determining impairment levels of injured workers under the Kansas Workers’ Compensation Act (“the Act”) was unconstitutional... Read More

Florida: An Overview of Recent Decisions on Constitutionality of Workers’ Compensation Act
Posted on 9 Jun 2016 by Robert J. Grace, Jr.

By Robert J. Grace, Jr., Esq., The Bleakley Bavol Law Firm, and Lyle Platt, Esq., Clarke & Platt, P.A. For two years now we have written about a collection of cases which represent the most closely watched and eagerly anticipated workers’... Read More

Louisiana: Trial Court May Not Rule on Constitutionality Issue at Preliminary Injunction Hearing
Posted on 16 Oct 2015 by Larson's Spotlight

The Supreme Court of Louisiana held that a district court erred when it determined, following a hearing on plaintiffs’ motion for a preliminary injunction, that various provisions of the medical treatment schedule contained in the state’s... Read More

California: 3rd District Upholds Validity of IMR Process
Posted on 30 Mar 2017 by Richard M. Jacobsmeyer

The 3rd District Court of Appeals has issued its decision in Ramirez v W.C.A.B ., again upholding the constitutionality of the IMR process for review UR determinations and providing, perhaps, some addition nuggets for potential challenges on the W.C.A... Read More

Minnesota: Attorney Fee Statutory Formula Constitutionally Ok, In Spite of No Judicial Review of Award
Posted on 5 Dec 2014 by Larson's Spotlight

The Supreme Court of Minnesota held that the attorney fee statute applicable in workers’ compensation cases, Minn. Stat. § 176.081, subd. 1(a) (2012), does not violate the separation of powers by requiring employers and insurers to pay attorney... Read More

New Mexico: “Farm and Ranch Laborer” Exclusion Found Unconstitutional
Posted on 26 Jun 2015 by Larson's Spotlight

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... Read More

Florida: 3rd DCA Strikes Down “Padgett” Decision on Mootness and Standing Grounds
Posted on 26 Jun 2015 by Larson's Spotlight

The Third District Court of Appeal has reversed the much-talked-about “Padgett” decision by Circuit Court for Miami-Dade County Judge Jorge Cueto, which last August declared unconstitutional the exclusive remedy provision of the state’s... Read More

Opt Outs Panels at WCRI Conference Sidestep Unresolved Issues of How States Can Relinquish Control of Workers’ Compensation
Posted on 25 Mar 2016 by Jennifer Jordan

Opt-out cannot become a viable alternative to problematic state systems until a reasonable balance is attained between the interests of injured workers and employers alike By Jennifer C. Jordan, Esq., General Counsel, MEDVAL LLC As opt-out discussions... Read More

California: Appellate Court Dumps Lien Filing Fee Challenge
Posted on 29 Mar 2016 by Richard M. Jacobsmeyer

The Second District Court of Appeal has handed down a decision affirming the legislature’s creation of the lien filing fee as part of SB 863. In Chorn v W.C.A.B. a physician (Robin Chorn M.D.) filed a complaint joined by two injured workers in an... Read More

Alaska: Statute Affording No Death Benefits to Non-Dependent Parents Is Constitutional
Posted on 18 May 2018 by Thomas A. Robinson

A provision in the Alaska Workers’ Compensation Act (Alaska Stat., § 23.30.055) that bars a non-dependent parent from suing the employer for negligence allegedly associated with the death of an employed child is constitutional, held the Supreme... Read More

Kentucky: Hearing Impairment Limitation Ruled Unconstitutional
Posted on 30 Mar 2018 by Thomas A. Robinson

A Kentucky statute, Ky. Rev. Stat. Ann. § 342.7305(2), which provides workers’ compensation benefits for occupational hearing loss only where a claimant’s binaural hearing impairment, converted to impairment of the whole person, results... Read More

Trends to Watch in Workers’ Compensation Law
Posted on 7 Feb 2017 by LexisNexis Workers' Comp Law Newsroom Staff

At the National Workers’ Compensation & Disability Conference last November, Brad Bleakney, a partner with Bleakney & Troiani, and Lora Northen, a Shareholder with Capehart Scatchard, led a seminar on recent trends in workers’ compensation... Read More

Workers’ Compensation Emerging Issues Analysis: The Year of Constitutional Challenges
Posted on 8 Nov 2017 by LexisNexis Workers' Comp Law Newsroom Staff

By Thomas A. Robinson, J.D., co-author, Larson’s Workers’ Compensation Law As most states move into the second millennia of their respective workers’ compensation acts, one might expect that most constitutional issues within the occupational... Read More