article thumbnail

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).

article thumbnail

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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

article thumbnail

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.

article thumbnail

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)].

article thumbnail

Insurance Agent's Conduct Determines Liability for Failure to Inform an Employer of Workers' Compensation Coverage Options

Workers' Compensation

The NJ Supreme court held that the insurance agent's conduct must be a willful, wanton, or grossly negligent act of commission or omission for failure to advise an employer about workers' compensation coverage for a Limited Liability Corporation. Informed by the Legislature’s expression of public policy in N.J.S.A. Consistent with N.J.S.A.

article thumbnail

Respond before the Trouble Starts

Florida Workers' Comp

The chair of a county commission there is making news related, at least in part, with the reasonably recent closure of her law practice. The writers at The Big Bang Theory took a shot at that conundrum with workaholic Sheldon in The Vacation Solution (2012). The Florida Supreme Court can impose an emergency suspension under Rule 3-5.2(a)(1)