I read with great interest Bob Wilson’s post yesterday signaling that the Tennessee Opt Out “initiative” may be DOA this year. Indeed, I’d been checking Bill Tracking Reports since the...
2016 Opt Out Legislation: Is it as “Inevitable” as Some Have Hoped/Feared? 2016 Opt Out Legislation: Is it as “Inevitable” as Some Have Hoped/Feared?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,...
Florida Appellate Court Throws Out Judge Cueto’s “Padgett” Decision on Procedural Grounds Florida Appellate Court Throws Out Judge Cueto’s “Padgett” Decision on Procedural GroundsA bill introduced in the South Carolina Senate on April 16th (2015 Bill Text SC S.B. 674) would make workers’ compensation coverage optional for the vast majority of the state’s...
South Carolina Bill Would Make Workers’ Comp Coverage Optional for Most Employers South Carolina Bill Would Make Workers’ Comp Coverage Optional for Most EmployersYesterday (April 28, 2015), the Supreme Court of Oklahoma, in a 7–2 vote, declined to assume original jurisdiction in a civil action challenging the constitutionality of the state’s new and...
Oklahoma High Court Refuses to Fast-Track Case Challenging Constitutionality of Workers’ Compensation Opt Out Law Oklahoma High Court Refuses to Fast-Track Case Challenging Constitutionality of Workers’ Compensation Opt Out LawRecent Federal District Court Discusses ERISA’s Strong Preemption Provisions As I have noted on multiple other occasions, one of the distinctive features of the workers’ compensation “opt out” scheme is...
Who’s “Opting Out” of Workers’ Comp—Employers or the States Themselves? Who’s “Opting Out” of Workers’ Comp—Employers or the States Themselves?Earlier today I had the pleasure of speaking at a “Spring Seminar” sponsored by Injured Workers’ Advocates, a group of South Carolina claimants’ attorneys who have gathered at the Isle...
Sunny Greetings from Isle of Palms, SC Sunny Greetings from Isle of Palms, SCTwo 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...
Injured Workers Challenge Constitutionality of Oklahoma Opt Out Law Injured Workers Challenge Constitutionality of Oklahoma Opt Out LawSenate Bill 721 On Wednesday, state senator Mark Green (Republican from Clarksville), introduced Senate Bill 721 to the Tennessee legislature. If enacted, many Tennessee employers would be allowed to opt-out...
Workers’ Comp “Opt-Out” Bill Introduced in Tennessee Legislature Workers’ Comp “Opt-Out” Bill Introduced in Tennessee LegislatureThe affirmative decision by the managing partner and president of a CPA firm not to secure workers’ compensation coverage for the firm, in spite of the fact that the firm...
Mississippi Executive’s Survivors Awarded Death Benefits in Spite of His Decision Not to Secure Required Coverage for Firm Mississippi Executive’s Survivors Awarded Death Benefits in Spite of His Decision Not to Secure Required Coverage for FirmYesterday (December 16), the Supreme Court of Oklahoma rejected an initial constitutional challenge to the controversial overhaul of the state’s workers’ compensation system via Senate Bill 1062, which allows, among...
Oklahoma High Court Rejects Initial Challenge to Opt Out Law Oklahoma High Court Rejects Initial Challenge to Opt Out LawOn Tuesday (May 7), Oklahoma Governor Mary Fallin signed into law Senate Bill 1062, a legislative piece that purports to reform the state’s workers’ compensation system in two broad fashions:...
Oklahoma: Workers’ Compensation “Opt-Out” Provisions Become Law Oklahoma: Workers’ Compensation “Opt-Out” Provisions Become LawBy Thomas A. Robinson Late last Wednesday evening (April 25th), supporters of a controversial bill that would have allowed some Oklahoma employers to “opt out” of the state’s traditional workers’...
Oklahoma Opt Out Legislation Fails: A Post Mortem Oklahoma Opt Out Legislation Fails: A Post Mortem