The Florida First District Court of Appeals has held counsel fee provisions in the Workers' Compensation Act to be unconstitutional, ,"We hold that the challenged provisions violate Claimant’s First Amendment
guarantees of free speech, freedom of association, and right to petition for redress." Miles v City of Edgewater, Decided April 20, 2016, setting the stage for review by the Florida Supreme Court.
Today's guest post is authored by the Hon. David Langham, Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims and Division of Administrative Hearings and is shared from http://flojcc.blogspot.com.
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(c) 2010-2025 Jon L Gelman, All Rights Reserved.
Thursday, April 21, 2016
Tuesday, April 19, 2016
$1 Billion Settlement Affirmed - NFL Retired Players Concussion Class Action
"It is the nature of a settlement that some will be dissatisfied with the ultimate result. Our case is no different, and we do not doubt that objectors are well-intentioned in making thoughtful arguments against certification of the class and approval of this settlement. They aim to ensure that the claims of retired players are not given up in exchange for anything less than a generous settlement agreement negotiated by very able representatives. But they risk making the perfect the enemy of the good. This settlement will provide nearly $1 billion in value to the class of retired players. It is a testament to the players, researchers, and advocates who have worked to expose the true human costs of a sport so many love. Though not perfect, it is fair."
Monday, April 18, 2016
Creating a Competitive Economy: The Verizon Strike
| President Barack ObamaPhoto credit: Wikipedia |
On Friday President Obama issued an Executive Order to increase competition in the markets including healthcare and broadband. Most obviously directed to the issues raised by the Verizon strike over low wages, monopolistic activity, stifling technological
Friday, April 15, 2016
The Security of Metadata in Workers' Compensation Claims
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| Metadata Ethics Opinions Around the U.S. Source: aba.org |
Confidentiality is a crucial element in workers' compensation matters and the removal of metadata in electronically transmitted documents are a critical factor in the process of maintaining the level of security embraced by the system. Metadata is all hidden data in a PDF file, including text, metadata, annotations, form fields, attachments, and bookmarks.
Wednesday, April 13, 2016
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Friday, April 8, 2016
National Asbestos Awareness Week - US Surgeon General
U.S. Surgeon General Dr. Vivek H. Murthy on National Asbestos Awareness Week
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| Dr. Vivek Murthy US Surgeon General |
National Asbestos Awareness Week is April 1-7 – a good time to remind Americans about the health dangers of asbestos exposure. Asbestos, a natural mineral fiber that is found in rock and soil, was widely used as insulation and fireproofing material in homes, commercial buildings, ships and other products, such as paints and car brakes. In recent years, asbestos use has decreased dramatically after it was linked to illnesses, including lung cancer, mesothelioma, and asbestosis.
The Difficult Task of the Florida Supreme Court
The Florida Supreme has before it a constitutional challenge once again concerning workers’ compensation. The scope of the controversy remains undefined and the ultimate impact equally uncertain. I have found over the years that one cannot predict the outcome of a case by merely watching an oral argument.
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