In a split decision, the Supreme Court of Florida struck down the state’s 104-week limit on TTD benefits for injured workers who remain totally disabled after the capped time period, but who have not yet reached MMI. The majority held the limit... Read More

An Alabama Circuit Court Judge found unconstitutional two separate provisions of the Alabama Workers’ Compensation Act—the $220 cap on weekly PPD benefits [Ala. Code § 25-5-68] and a 15 percent cap on attorneys’ fees [Ala. Code... Read More

Two Montana statutes that allow a workers’ compensation insurance carrier to have ex parte communications with claimant’s medical care providers represent an unconstitutional violation of claimant’s right to privacy, at least under the... Read More

The Circuit Court of the 11th Judicial Circuit (in and for Miami-Dade County) has entered an Order finding that the exclusive remedy provision of the Florida Workers’ Compensation Act (see § 440.11, Fla. Stat.) is unconstitutional because,... Read More

The Supreme Court of Utah held (a) that the statute delegating authority to the Labor Commission to regulate fees for attorneys representing claimants [Utah Code § 34A–1–309] and (b) the sliding-scale fee schedule (and cap on fees) crafted... Read More