LexisNexis® Legal Newsroom
California: Utilization Review Decision Defective When UR Delay Notice Signed Only by UR Nurse, Not Licensed Physician

In Newton v. Jack-In-The-Box , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel has issued a notice of its intention to award an applicant medical treatment in the form of aquatic therapy twice per week for a period of four weeks, as prescribed by the applicant’s treating physician. The WCAB...

Due Process Meltdown at Artesia Worsening

"Two weeks ago, the first pro bono lawyers were let in to the detention facility in Artesia, New Mexico, where Immigration and Customs Enforcement (ICE) is keeping Central American migrant families. Since then, a small group of pro bono attorneys, organized by the American Immigration Lawyers Association...

CA9 on Due Process, Expedited Removal: USA v. Raya-Vaca

"Victor Manuel Raya-Vaca appeals from a judgment of conviction following a conditional plea of guilty to one count of illegal reentry after having been removed in violation of 8 U.S.C. § 1326. In 2011, Raya-Vaca was arrested while in the United States, subjected to expedited removal proceedings...

California Workers' Comp Case Roundup (2/12/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 1 January 2015 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2015 LexisNexis. All rights...

Tackling the Elephant in the Room: Exclusive Remedy

How I spent my time at the National Workers’ Compensation & Disability Conference discussing the exclusive remedy doctrine By Deborah G. Kohl, Esq. As all workers’ compensation practitioners know exclusive remedy is the linchpin of the “great social bargain” underlying...

California: Due Process – A Constitutional Right

The California WCAB has issued several decisions recently on the topic of “due process.” The term “due process” is a phrase attorneys often fling about in court whenever they want to convey that something “unfair” has occurred. But the term has a very specific meaning...

Florida Workers’ Compensation: The Great Wait

All eyes are on Florida and the key challenges to its workers’ comp laws, including whether the “Grand Bargain” exists One year ago when the Foreword to the 2014 Edition of Dubreuil’s Florida Workers’ Compensation Handbook (LexisNexis) was prepared we noted two significant...

Supreme Court Rules Same-Sex Marriage is a Fundamental Right

On June 26, 2015, in a 5-4 decision authored by Justice Kennedy, the Supreme Court struck down the laws of those states that preclude same-sex marriage and also held that each state must recognize same-sex marriages lawfully performed in other states. The Court held state laws invalidating same-sex marriage...

California: Court of Appeal Upholds Constitutionality of IMR

Shortly after the second Second District Court of Appeals provided the defense community with a welcome decision in Batten v. WCAB , the First Appellate District followed up with its much anticipated decision in Stevens v. WCAB , the first constitutional challenge to IMR to be heard by an appellate court...

California Workers’ Compensation: 2015 Year in Review

By Julius Young, Esq., Richard M. Jacobsmeyer, Esq., Barry D. Bloom, Co-Editors-in-Chief, Herlick, California Workers' Compensation Handbook This 2016 edition is the 35th edition of Herlick, California Workers’ Comp Handbook (hereinafter “Herlick”). The latest Herlick Handbook...

CA9 on Due Process, U Visas, Crimmigration - USA v. Cisneros-Rodriguez

USA v. Cisneros-Rodriguez, Dec. 23, 2015 - "Xochitl Cisneros-Rodriguez (“Cisneros”), an undocumented alien, was convicted in 2009 of violating California narcotics laws and was subsequently placed in administrative removal proceedings. She was told by the Immigration and Customs Enforcement...

Denial of Due Process to Incarcerated Immigrant Families Worsens in Spite of Court Ruling

AILA, CLINIC, AIC, HRF, RAICES, Dec. 24, 2015 - "Attorneys and advocates called the government to account for rushing detained children and mothers through the legal processes designed to protect them from danger; glaring due process violations have led to the deportation of families with valid...

Oklahoma: 180-Day Employment Rule for Cumulative Trauma Injuries Is Unconstitutional

The Supreme Court of Oklahoma held that a provision in Okla. Stat. tit. 85A, § 2(14) that creates a condition precedent to the filing of a cumulative trauma claim—that the claimant must have completed 180 days of continuous active employment with the employer—is unconstitutional, since...

Porting Case Leverages Due Process Claim to Avoid Motion to Dismiss: Ramalingam v. Johnson

Ramalingam v. Johnson, Mar. 30, 2016 - "The regulatory requirement of notice only to the ex-employer, as the “affected” party, is an artifact of the pre-porting regime. To apply it without consideration of the real interests at stake could give rise to a due process violation. The result...

Oklahoma: Supreme Court Strikes Down Yet Another Provision in State’s Comp Act

In a split (7–2) decision, the Supreme Court of Oklahoma has struck down yet another provision of the state’s controversial 2013 “reform” of its workers’ compensation law. The provision, Okla. Stat. tit. 85A, § 45(C)(5), defers the payment of a permanent partial disability...

Florida: Supreme Court Strikes Down Mandatory Attorney Fee Schedule for Claimants

The Supreme Court of Florida, in a split decision, held that the mandatory attorney fee schedule contained in § 440.34, Fla. Stat., which precludes any consideration of whether the fee award is reasonable to compensate the attorney, is unconstitutional under both the Florida and the United States...

CA7 on Due Process, Evidence, Witness Cross-Examination: Karroumeh v. Lynch

Karroumeh v. Lynch, Apr. 29, 2016 - "Mohsen Karroumeh petitions for review of a final order of removal issued by the Board of Immigration Appeals (“BIA” or “Board”). The Board determined that Karroumeh was removable because he entered into a sham marriage for immigration...

Unresolved Lien Claims to Be Heard at Lien Trial Regardless of Whether Lien Was Listed on Declaration of Readiness: Cal. Comp. Cases June Advanced Postings (5/26/2016)

Here’s the latest batch of advanced postings for the June 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. David Payne, M.D., Petitioner v...

Report: Refugee Moms, Kids Targeted by DHS Enforcement Actions Show Disturbing Due Process Concerns

CLINIC and CARA Pro Bono Family Detention Project, June 15, 2016 - "The stories of Central American mothers who were picked up for deportation in the latest round of federal enforcement actions shows a pattern of targeted scrutiny towards individuals who have viable asylum claims, states CLINIC...

A View from the Bench

Hon. Denise Noonan Slavin & Hon. Dorothy Harbeck, The Federal Lawyer, Oct/Nov 2016 - "What is the view from the immigration court bench? Frankly, it is difficult to see anything because there are so many cases! As of January 2016 there were 474,025 cases pending with the U.S. immigration courts...

Trends to Watch in Workers’ Compensation Law

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. The following is a Q&A with Brad and...

ICE Violates Due Process, Deports Roberto Beristain in Dead of Night

Legal team, Apr. 5, 2017 - "Roberto Beristain received a lot of attention when he was arrested by ICE officials on February 6, 2017. He had been issued an illegal order of deportation because then Immigration and Naturalization Service (INS) did not disclose a crucial fact to the immigration judge...

New Jersey: Phone Call Offer of Employment to NJ Residence Sufficient to Support Jurisdiction for Out-of-State Injury

An employer and employee created an employment arrangement in New Jersey where the evidence indicated the employee, after filing an online application with a New York company, initially received a phone call at his home to arrange an employment interview at the employer’s New York operation and...

Alabama: Trial Court Judge Rules State’s Workers’ Compensation Act Unconstitutional

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 § 25–5–90(a)]. Because...

CA3 on Due Process: Serrano-Alberto v. Sessions

Serrano-Alberto v. Sessions, June 12, 2017 - "The Fifth Amendment protects the liberty of all persons within our borders, including aliens in immigration proceedings who are entitled to due process of law — that is, a meaningful opportunity to be heard — before being deported. In this...