Tag Archives: constitutionality

Eighth Circuit: North Dakota Need Not Substitute Colorado’s More Generous Death Benefits Rules for Claim Filed in the Peace Garden State

In a case of first impression, the 8th Circuit Court of Appeals affirmed a U.S. District Court decision that had dismissed a widow’s civil action seeking a declaration that N.D. Cent. Code § 65–05–05(2)(2013) was invalid and unenforceable under the … Continue reading

Posted in Case comment | Tagged , , , , , , | Leave a comment

The Year of Equal Justice and Due Process

High Courts in Several States Strike Down Legislative Challenges to the Heart of the Workers’ Compensation System As we put together last year’s edition of the Workers’ Compensation Emerging Issues Analysis series, I observed that 2016 would likely be a turbulent … Continue reading

Posted in Issue commentary | Tagged , , , , , , | 1 Comment

Has the Other Shoe Dropped? New Report Signals Feds Are Losing Patience with State Workers’ Compensation Programs

On October 5, 2016, the U.S. Department of Labor released a widely anticipated report on the adequacy of state-based workers’ compensation programs. While the 41-page report does not go as far as to call for a federalization of state workers’ … Continue reading

Posted in Issue commentary | Tagged , , , , | 3 Comments

Oklahoma Supreme Court Strikes Down State’s Opt Out Law

Earlier today (September 13, 2016), in Vasquez v. Dillard’s, Inc., 2016 OK 89, in a 7–2 decision, the Supreme Court of Oklahoma, in one of the most important workers’ compensation decisions in memory, held the core provision of the Oklahoma … Continue reading

Posted in Case comment, Issue commentary | Tagged , , , | 2 Comments

New Mexico High Court Strikes Down Farm and Ranch Laborer Exclusion

Decision Continues Long National Trend to Treat Farm Workers on Par With Other Employees A provision of the New Mexico Workers’ Compensation Act (Act) [N.M. Stat. Ann. § 52–1–6(A) (2015)] that excludes farm and ranch laborers from its protections, although … Continue reading

Posted in Case comment, Issue commentary | Tagged , , , | Comments Off on New Mexico High Court Strikes Down Farm and Ranch Laborer Exclusion

Oklahoma Supreme Court Lands Yet Another Body Blow to State’s Controversial Opt Out Law

The 2013 Oklahoma workers’ compensation “reforms” 2013 Senate Bill 1062 which, among other things, created the state’s uber-controversial “Opt Out” arrangement, in which employers can jettison the entire state-run system if they substitute their own “separate, but equal” employee benefit … Continue reading

Posted in Case comment | Tagged , , | Comments Off on Oklahoma Supreme Court Lands Yet Another Body Blow to State’s Controversial Opt Out Law

Does Torres Signal How OK High Court Will Decide Constitutionality of Opt Out?

As I reported on Wednesday, in Torres v. Seaboard Foods, LLC, the Supreme Court of Oklahoma struck down a provision in the state’s workers’ compensation law that disqualifies a claimant from recovering for a cumulative trauma (CT) injury unless the … Continue reading

Posted in Issue commentary | Tagged , , , , , , , , | Comments Off on Does Torres Signal How OK High Court Will Decide Constitutionality of Opt Out?

Oklahoma High Court Strikes Down State’s 180-Day Cumulative Trauma Employment Rule

In Recent “Comp” Decisions (the other from Commission), Oklahoma Legislature Is “0 for 2” A provision in Okla. Stat. tit. 85A, § 2(14) that disqualifies a claimant from recovering for a “cumulative trauma” injury unless the claimant has completed at … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on Oklahoma High Court Strikes Down State’s 180-Day Cumulative Trauma Employment Rule

Florida Supreme Court Delivers Coup de Gras to Padgett

In a short—yet stinging—Order issued late yesterday [December 22, 2015], the Supreme Court of Florida declined to accept jurisdiction and accordingly denied a petition for review that had been filed by a claimants’ group seeking to overturn the exclusive remedy … Continue reading

Posted in Case comment | Tagged , , , , , | Comments Off on Florida Supreme Court Delivers Coup de Gras to Padgett

Florida Appellate Court Throws Out Judge Cueto’s “Padgett” Decision on Procedural Grounds

Earlier today (June 24th), Florida’s Third District Court of Appeal reversed and completely repudiated the decision of Judge Jorge E. Cueto, Circuit Court for Miami-Dade County, that had, on August 19, 2014, held the exclusive remedy provision of the state’s Workers’ … Continue reading

Posted in Case comment | Tagged , , , , , , , | Comments Off on Florida Appellate Court Throws Out Judge Cueto’s “Padgett” Decision on Procedural Grounds