Constitutional Law Worker’s Compensation

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Florida Supreme Court Thwarts Attempt to Circumvent “Exclusive Remedy” Provision

Most states limit a worker’s remedies for work-related injuries to a workers’ compensation claim against the employer. Such "exclusive remedy" provisions codify a longstanding compromise whereby employers trade liability,...more

Due Process Requires the Right to Cross-Examine a Workers' Compensation Applicant

On January 29, 2015, the Court of Appeal, Second Appellate District, ordered the publication of Ogden Entertainment Services v. WCAB (Ritzhoff), (B254082), previously a non-certified opinion that issued on December 31, 2014....more

Florida Statute Deeming Workers’ Compensation an Exclusive Remedy Declared Unconstitutional by 11th Circuit Trial Court

On Wednesday, August 13, 2014, 11th Circuit Trial Judge Jorge E. Cueto entered a Summary Final Judgment Order declaring the exclusive remedy provision of the Workers’ Compensation Act (the Act) unconstitutional. In Julio...more

No Workers' Comp Immunity! No Insurance! Sure Is a Problem

In many states, workers’ compensation benefits are ordinarily the exclusive remedy for an employee injured or killed on the job. In exchange for these benefits, often awarded on a “no fault” basis, the employee generally...more

Florida Court finds Workers' Compensation Statute Unconstitutional

Circuit Judge Jorge E. Cueto of the 11th Judicial Circuit in and for Miami-Dade County, Florida has found that Section 440.11 of Florida's Workers' Compensation Act (the "Act"), which makes the Act the "exclusive" remedy...more

Oklahoma Supreme Court Rejects Constitutional Challenge to the “Oklahoma Option”

Following last week’s oral arguments, on December 16, 2013 the Oklahoma Supreme Court issued an order rejecting a constitutional challenge to the state’s new workers compensation law. ...more

PA Supreme Court Allows Certain Mesothelioma Claimants to Sue Their Employer

The Pennsylvania Supreme Court recently issued a ground-breaking decision that could potentially expose employers to a wave of new lawsuits by former employees suffering from mesothelioma. In its November 22, 2013 opinion in...more

NFLPA Investigates Buccaneers on MRSA Issue

NFLPA Investigates Buccaneers on MRSA Issue by Anthony Caruso on September 11, 2013 The Tampa Bay Buccaneers may be in hot water over whether the team communicated the outbreak of MRSA - a dangerous bacteria resistant...more

NFL Doctor’s Role in Concussion Lawsuit May Prompt More to Join Litigation

NFL Doctor’s Role in Concussion Lawsuit May Prompt More to Join Litigation by Anthony Caruso on August 21, 2013 NFL doctor, Elliot Pellman, has served players for several years and made critical decisions about whether...more

Labor & Employment E-Note - August 15, 2013

In This Issue: - NLRB Rulings in Limbo as High Court Reviews Recess Appointments - New Labor Board Members Likely to Help Employers with Disputes - NLRB Says Social Media Restrictions Could Violate Labor Law -...more

Labor & Employment E-Note - March 14, 2013

In This Issue: - ALERT: USCIS INTRODUCES NEW FORM I-9 - OFCCP Moving to Broader Investigations into Pay Bias - High Court to Consider U.S. Steel Workers' Compensation Case - NLRB Rulings Questioned After Board...more

Personal Injury and Workers’ Compensation Round Up - May 26, 2011

Here’s what other personal injury and workers’ compensation lawyers have been talking about over the past few weeks: Are Congress’s Med Mal Reform Efforts Unconstitutional? (TortsProfBlog) North Carolina Proposes to...more

Fee reimbursement schedule upheld, statute of limitations on Second Injury claims: S.C. WORKERS’ COMP UPDATE

The South Carolina Supreme Court has issued two significant workers’ compensation opinions in the past week and a half. Fee Schedule Upheld In the first case, the Court reversed the determination of a circuit court that...more

Heater v. Impro

Defendant's Memorandum of Law in Support of Motion for Summary Judgment

Brief I filed supporting Motion for Summary Judgment (with names changed and certain confidential information removed)...more

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