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SC High Court Stresses that with Discretionary Issues Commission Must Actually Use Discretion

The Workcomp Writer

After setting the claim, Proffitt filed a Form 61 “Attorney Fee Petition” with the commission seeking approval of his contingent attorney’s fee in the amount of $36,633.33, along with costs in the amount of $5,134.10. Proffitt sought commission review of the order. He apologized to the commission for the delay. 67-705(H)(4).

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De Novo, Deference, or Something in Between: The Complex Landscape of Workers’ Compensation Administrative Review

The Workcomp Writer

Personal Observation In 1977, I stood before the North Carolina Industrial Commission as a young workers’ compensation defense attorney, barely a year into practice, challenging a deputy commissioner’s credibility determination. It was my second appearance before the Full Commission, which consisted of three commissioners. Waste Mgmt.,

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Divided R.I. High Court Says Workers’ Comp Release Was Sufficiently Broad to Bar Discrimination Claim Against Employer

The Workcomp Writer

The majority held the terms of the release signed by the injured worker were unambiguous and clearly released the employer from all claims that the worker might be able to file against the employer, including those that might be filed with the state’s Human Rights Commission. Background. Motion for Summary Judgment.

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Awards and Memories

Florida Workers' Comp

Myers, FL) 2009 Stewart Colling (Orlando, FL) 2010 Richard Sicking (Miami, FL) 2011 Jacob Schickel (Jacksonville, FL) 2012 Herbert Langston (Orlando, FL) 2013 Ramon Malca (Miami, FL) 2014 Richard Thompson (Sarasota, FL) 2015 Richard Chait (Miami, FL) 2016 Thomas Conroy (Hollywood, FL/Las Vegas) 2017 Dawn Traverso (Miami, FL) 2018 Hon.

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Missouri: Review Application Not Untimely Where Delay Was Due to “Postage Due” Error by USPS

The Workcomp Writer

In Missouri, applications for Commission review, when sent by USPS, are “deemed to be filed as of the date they are endorsed by the United States post office on the envelope or container in which such paper is received ” [§ 287.480 R.S.Mo.]. The Commission received the October 29 mailing on November 1. Hawthorn Child.’s

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People are cautiously optimistic about the impact of AI and other tech

Workplace Insight

When asked about AI, 63 percent of 2006 employers said they are optimistic about the impact that this new technology will have on their workforce, compared with 41 percent of 2012 employees, when asked about its impact on their workplace. AI hasn’t got empathy, and it hasn’t got a conscience.”

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Iowa High Court: Res Judicata Principles Don’t Bar Petitions for Change of Condition

The Workcomp Writer

In August 2012, Green’s doctor declared that she had reached MMI and she returned to her job at a recycling center. Green contended that she continued to suffer from migraine headaches and in December 2012, she filed a petition seeking permanent disability benefits. 1][a], at 131-20 (footnote omitted)].