Tag Archives: due process

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

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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

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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

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Injured Workers Challenge Constitutionality of Oklahoma Opt Out Law

Two Injured Workers File Petition With Oklahoma Supreme Court Two Oklahoma workers who were denied benefits under Injury Benefit Plans set up by their respective employers after the effective date of the Oklahoma Employee Benefit Act, Okla. Stat. tit. 85A … Continue reading

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Alaska: Same-Sex Partner of Deceased Worker Entitled to Death Benefits In Spite of State’s “Marriage Amendment”

On Friday, the Supreme Court of Alaska, in Harris v. Millennium Hotel, 2014 Alas. LEXIS 149 (July 25, 2014), held that the state’s workers’ compensation death benefits statute, Alaska Stat. § 23.30.215, which provides survivors benefits only to a deceased … Continue reading

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