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|New Florida Workers' Compensation Health Care Provider Reimbursement Manual Policies, Allowances Must Be Legislatively Ratified|
Colodny Fass P.A.;
July 31, 2015, previously published on July 24, 2015The Florida Department of Financial Services' Division of Workers' Compensation ("DWC") advised today, July 24, 2015, that it has adopted the Florida Workers' Compensation Health Care Provider Reimbursement Manual ("Manual"), 2015 Edition (Rule 69L-7.020, F.A.C.).
|Florida Supreme Court Could Ultimately Rule on Workers' Compensation Constitutionality Case|
Maria Elena Abate, G. Donovan Brown; Colodny Fass, P.A.;
July 15, 2015, previously published on July 10, 2015The Florida Supreme Court could ultimately rule in Florida Workers' Advocates et al. v. Florida, a case that potentially has major implications for the state's workers-compensation insurance system.
|Clarification of the Premises Rule in the Context of Injuries Occurring During Ingress and Egress from Work|
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 13, 2015, previously published on July 6, 2015The petitioner parked her car in the parking garage of the office building in which she worked for the respondent, one of five tenants in the multi-story. While in the lobby, she tripped and fell into an elevator, injuring her knee.
|New Cost of Living Adjustment Effective July 1, 2015|
John J. Cronan, Evan M. Hansen, Nelson J Larkins; Preti, Flaherty, Beliveau & Pachios, LLP;
July 10, 2015, previously published on July 2, 2015An injured employee is entitled to an adjustment in the weekly compensation rate under certain circumstances. This is called a Cost of Living Adjustment (COLA). Many of these adjustments occur on July 1, 2015.
|Farm and Ranch Worker Exclusion from the Workers' Compensation Act Declared Unconstitutional|
R. E. Thompson; Modrall Sperling;
July 6, 2015, previously published on June 29, 2015On June 22, 2015, the Court of Appeals of the State of New Mexico declared the farm and ranch workers exclusion from the Workers' Compensation Act to violate the Equal Protection Clause and therefore is unconstitutional pursuant to the New Mexico Constitution. It is unclear at this time whether the...
|For Statute of Limitations Purposes, Definition of “Filing” Under the Workers’ Compensation Act Does Not Include Electronic Submission of Claim|
Caroline E. Willsey; Semmes Bowen Semmes A Professional Corporation;
July 3, 2015, previously published on June 2015In Hranicka v. Chesapeake Surgical, Ltd., No. 83, (Court of Appeals of Maryland, June 18, 2015), the Court of Appeals considered whether a claim was time-barred under Md. Code Ann., Lab. & Empl. § 9-709(b)(3), where the claim was submitted electronically to the Workers’ Compensation...
|Workers’ Compensation Amendments to Remain at Forefront of Legislative Gridlock in Illinois|
Adam Braun, Fred E. Karlinsky; Greenberg Traurig, LLP;
July 3, 2015, previously published on June 29, 2015As a stalemate between Republican Gov. Bruce Rauner and the Democratic-controlled General Assembly heads into its fourth week, with no end in sight, legislation to amend the Illinois Workers’ Compensation Act remains central to the ongoing dispute.
|A Stronger Defense Against Motions for Medical Treatment: Why a Doctor’s Report may no Longer be Sufficient to Support a Petitioner’s Request for Treatment|
Daniel A. Abelson; Capehart & Scatchard, P.A.;
July 3, 2015, previously published on June 30, 2015The Appellate Division recently released its decision in the case of Amedeo v. UPS, No. A-1013-13T2 N.J. Super. Unpub. LEXIS 753 (App. Div. April 8, 2015). In Amedeo, the court reshaped the evidentiary standard for a petitioner to prevail on a Motion for Medical Treatment and/or Temporary...
|Third District Court of Appeal Reverses Miami-Dade Circuit Court's Order Finding the Workers' Compensation Immunity Statute Unconstitutional|
July 3, 2015, previously published on June 24, 2015The Third District Court of Appeal issued it opinion today in State v. Florida Workers' Advocates, et al., Case No. 3D14-2062, in which it considered the issue of whether Florida Statute 440.11, the workers' compensation immunity statute, was unconstitutional. The appellate court did not reach the...
|Third District Court of Appeal Finds Plaintiffs Have No Standing in Florida Workers' Compensation Constitutionality Case|
Colodny Fass P.A.;
July 3, 2015, previously published on June 24, 2015With a finding today, June 24, 2015, that the plaintiffs in Florida Workers' Advocates et al. v. Florida have no legal standing and thus, the case is moot, South Florida's Third District Court of Appeal essentially overturned a 2014 ruling questioning the constitutionality of Florida's workers'...