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- Court Overrules Comp Rules in Job Murder Suit
Workers compensation exclusive remedy rules do not prevent a woman from suing her late son’s employers after he was murdered at work by a coworker, a Georgia appellate court has ruled. Nickifor Zephyrine was hired by staffing firm Staffchex Inc. to work at a warehouse owned and operated by OA Logistics Services Inc. in Pooler, Georgia, according to court filings. Staffchex also hired Christopher Lema to work at the OA warehouse, but he applied under the alias Christopher Young-Evans and a criminal background check on that name failed to show Mr. Lema’s felony criminal record. Click here to read more:
- Court Rejects Legal Restriction In Workers-Comp Cases
In a potentially far-reaching decision, an appeals court Wednesday struck down a state law that restricted a police officer from paying a law firm to help her pursue workers' compensation insurance benefits. The 26 page decision by the 1st District Court of Appeal said it was unconstitutional for police officer Martha Miles and her union, the Fraternal Order of Police, to be prohibited from paying a retain and hourly fees for legal representation in a workers' compensation dispute with the city of Edgewater and an insurance carrier. Click here to read more:
- Employee may sue Colleague for Work Accident, Court Rules
A Missouri restaurant worker can sue her colleague for injuries she suffered on the job because workers compensation exclusive remedy rules in the state don’t apply to co-workers, a Missouri appellate court has ruled. Sheri Bierman worked for Chesterfield, Missouri-based Espino’s Mexican Bar and Grill, where she was injured in June 2009 after she climbed an A-frame ladder into a lofted space at the restaurant, according to the ruling from the Missouri Court of Appeals on Tuesday. Click here to read more:
- Appellate court reverses finding of suspected intoxication in workers comp case
In a recent decision, a Florida appellate court has reversed an opinion, indicating that a workers’ compensation insurer is still on the hook after failing to meet its responsibilities during a 120-day pay and investigative period. This reversal, ordered by the First District Court of Appeal in Tallahassee, also overturns a decision made by a judge of compensation claims (JCC) who sided with the insurer and the client employer after the JCC affirmed an intoxication defense on behalf of the insurer. Click to read more:
- Court rules Ring Power doesn't have to provide additional workers' comp benefits for injured
A Florida appeals court has ruled that Ring Power Corp. is not obligated to keep giving workers' compensation to Andrew Murphy, an employee who was injured in 2006. Murphy had a spinal fusion surgery a few months after his 2006 accident, according to background information in the 1st District Court of Appeal opinion. Doctors used rods and screws to stabilize Murphy’s spine while the bone grew back together, helping him recover in a year. Click to read more:
- Are Fee Caps Legal? Supreme Court Hears Workers' Comp Case Today
The Florida Supreme Court will hear oral arguments in a case today that asks the justices to decide whether the fee caps in the state’s workers compensation laws are legal. The high-profile case is Castellanos v. Next Door Company and it is slated to be heard at 9 a.m. in the Supreme Court building in Tallahassee. Click here to read more:
- Florida Supreme Court Upholds Exclusive Remedy in Workers’ Compensation Case
The Florida Supreme Court issued a unanimous decision Thursday, December 4, in Leticia Morales v. Zenith Insurance Company, upholding the workers' compensation system as the exclusive remedy for injured parties. Morales v. Zenith was a workers' compensation-related wrongful death lawsuit that ultimately evolved into a bad faith claim. A separate tort case was filed by the Morales estate seeking additional damages, which the Court rejected. Click here to read more:
- Updated: Florida Supreme Court Declines Jurisdiction in Challenge to Workers’ Comp System
The Florida Supreme Court has ruled that it does not have jurisdiction in a case brought by an injured nurse that challenged the constitutionality of the entire Florida Workers’ Compensation system. In the case of Stahl v. Hialeah Hospital, the Court said “After further consideration and hearing oral argument in this case, we have determined that we should exercise our discretion and discharge jurisdiction. Accordingly, we dismiss review.” Click here to read more:
- Florida Supreme Court Rejects Workers' Comp Challenge
The Florida Supreme Court has turned down a lawsuit that questioned the constitutionality of the state's workers' compensation insurance system — though the system continues to face three other closely watched challenges at the high court. Justices late Tuesday declined to take up a Miami-Dade County case that threatened the longstanding concept that disputes involving injured workers should be handled through the workers' compensation system instead of through civil lawsuits. Click here to read more:
- Florida Supreme Court Strikes Down Workers' Comp Fee Law
In a major victory for injured workers and stinging defeat for businesses, the Florida Supreme Court on Thursday struck down a law limiting attorney's fees in workers' compensation cases. The 5-2 ruling is a setback for business groups who say legal fees drive up the cost of workers' compensation insurance and threaten Florida economy and they must seek help from a reliably pro-business Legislature. Click here to read more:
- Florida Supreme Court rejects another Part of Workers Compensation System
For the second time in less than two months, the Florida Supreme Court on Thursday ruled that part of the state's workers' compensation insurance system is unconstitutional. Justices, in a 5-2 decision, ruled in favor of Bradley Westphal, a St. Petersburg firefighter who suffered a severe back injury while on the job in 2009. The case focused on a workers' compensation law that led to Westphal's benefits being cut off after two years, creating what the Supreme Court described as a "coverage gap." Read more here:
- Florida Supreme Court Decisions Create Workers’ Compensation Unfunded Liability
The National Council on Compensation Insurance (NCCI) has estimated that the combined total statewide unfunded liability related to the Florida Supreme Court’s decisions in Emma Murray (1), Castellanos (2), and Westphal (3) could potentially exceed $1B. This cost will be borne by insurance companies, individual self-insured employers, and employers with deductible policies (due to growth in out-of-pocket costs, or in other words, the amount that the employer agreed to pay on losses up to the deductible threshold). These court decisions are expected to increase overall system costs in Florida for certain accidents occurring prior to 10/1/2016. The unfunded liability relates to costs that cannot be recouped through revising Florida workers compensation rates. Therefore, the unfunded liability is an additional cost over and above the proposed 19.6 percent increase in Florida workers compensation rates proposed effective 10/1/2016. If the filing effective date of 10/1/2016 is delayed, the unfunded liability will necessarily grow. Click here to read more:
