Workers' Compensation

Recent Posts

Florida: 104-Week Limit on TTD Benefits Found Unconstitutional
Posted on 16 Jun 2016 by Larson's Spotlight

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

Judge Strikes Down Alabama Workers’ Compensation Act as Unconstitutional
Posted on 12 May 2017 by LexisNexis Workers' Comp Law Newsroom Staff

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

Montana: High Court Says Statute Allowing Ex Parte Communications With Claimant’s Doctors Is Unconstitutional
Posted on 12 Sep 2014 by Larson's Spotlight

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

Florida: Circuit Court Finds Exclusive Remedy Defense Unconstitutional
Posted on 15 Aug 2014 by Larson's Spotlight

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

Utah: High Court Says Labor Commission’s Fee Schedule I Unconstitutional
Posted on 27 May 2016 by Larson's Spotlight

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