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Workers' Compensation News

Fear Not, Be Smart: How to Deal with Medical Marijuana 07/30/2015
By: Michael Gavin
State: NA | Segment: Top | 424 | 0
The headline from WorkCompCentral on July 27 is Comp Industry Urged to Prepare for Medical Marijuana. As usual, it's a solid and informative article from a great source (a...Read More
Florida Case Law Update 07/23/2015
By: WorkCompCentral
State: FL | Segment: Top | 596 | 0
NEW! Ciprian-Escapa v. City of Orlando, 5D14-2852, (07/17/2015): A Florida appellate court ruled that a trial judge's failure to conduct an evidentiary hearing on an employer's subrogation claim rendered the default judgment void. NEW! Gonzalez v. Quinco Electrical, 1D14-5395, (07...Read More
Florida Case Law Update 07/07/2015
State: NA | Segment: Top | 436 | 0
NEW! State of Florida v. Florida Workers’ Advocates et al., 3D14-2062, (06/24/2015): The Florida 3rd District Court of Appeal dismissed a district court judge's ruling that the state workers' compensation system is unconstitutional, for procedural reasons, failing to address the cor...Read More
Florida Case Law Update 06/02/2015
State: NA | Segment: Top | 692 | 0
NEW! Pearson v. BH Transfer, 1D14-4560, (05/27/2015): Florida's 1st District Court of Appeal ruled that a carrier's failure to promptly respond to a worker's request for authorization for surgery cost it the ability to challenge the medical necessity of the procedure. NEW! CVS...Read More
Firefighter Presumption Extension Given Retroactive Effect 05/15/2015
By: Richard M. Jacobsmeyer
State: NA | Segment: Top | 727 | 0
The 2nd District Court of Appeals has reversed a Workers' Compensation Appeals Board decision that refused to apply the presumption of causation for cancer to a firefighter based on the amendment to Labor Code § 3212.1, which became effective after diagnosis but before trial. In ...Read More
Free Speech, FDA, and Short Selling 05/14/2015
By: Michael Gavin
State: NA | Segment: Top | 571 | 0
I was entertained by an article this morning on WorkCompCentral regarding a drug manufacturer that is suing the U.S. Food and Drug Administration for infringing its right to free speech. Amarin Pharma is upset that it cannot market its fish oil drug for "off-label" uses. You can't m...Read More
Florida Case Law Update 04/24/2015
By: WorkCompCentral
State: FL | Segment: Top | 578 | 0
NEW! Coleman v. American Airlines, 1D14-2232, (04/22/2015): The 1st District Court of Appeal ruled that a worker who lost her comp claim was liable for her employer's reasonable defense costs, but not for the extra deposition transcript costs. NEW! Limith v. Lenox on the Lake, 1D14-37...Read More
Florida Case Law Update 03/26/2015
By: WCC Staff
State: FL | Segment: Top | 613 | 0
NEW! Perez v. Southeastern Freight Lines, 1D14-3821, (03/20/2015): A Florida appellate court overturned a judge's decision to deny temporary total disability to a worker whose employer had stipulated to the compensability of his injury, finding the judge had applied the wrong standard of proo...Read More
Florida Case Law Update 03/03/2015
Source: WCC Staff
State: FL | Segment: Top | 371 | 0
NEW! American Airlines v. Hennessey, 1D14-3604, (02/23/2015): The 1st District Court of Appeal overturned an award of payment to an injured worker for the attendant care services he received from his wife. NEW! Roof Painting by Hartzell v. Hernandez, 1D14-0112, (02/16/2015): The 1st Distr...Read More
February 2015 Case Law Update 02/05/2015
By: Michael W. Sullivan
State: CA | Segment: Top | 1315 | 0
JURISDICTION AND SUBROGATION In White v. WCAB, 2014 Cal. Wrk. Comp. LEXIS 183 (writ denied), the WCAB affirmed a WCJ's decision that an employer was 5% negligent in causing the applicant's injuries, that 95% percent of the negligence was attributed to a third party and that, there...Read More
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