The use of expert witnesses has become an integral and indispensable aspect of American litigation.
The Tennessee drug formulary has been deemed applicable to all dates of injury, including legacy claims.
At the 2017 WCRI Annual Issues and Research Conference, a panel debated the state of the workers’ compensation “grand bargain” in 2017.
In my view, insurance companies are merely conduits through which services are rendered and costs are passed on.
The NAS research concluded there is “conclusive support” that cannabis is effective with respect to chronic pain.
It is that time of year! We are excited to share that registration is open for the 72nd Annual Workers’ Compensation Educational Conference! Our team has been working tirelessly to ensure that this year’s conference is...
Litigation volumes are a frequent topic of conversation in Florida workers' compensation. It feels like it has been discussed more in the last 12 months. Since the Florida's Supreme Courts interesting decisions last year in Castellanos and Westphal, along with the First District Court's decision in Miles, there is an expectation that litigation volumes will rise in Florida.
The evidence indicates that petition volumes increased in fiscal 2016 (July 1, 2015 through June 30, 2016). That increase was significant, just over twelve percent. There are those who expected that the trend of increasing would continue. By mid-year 2017 (July 1, 2015 through June 30, 2016), petition filing for 2017 may be up as much as 6.5%. It is impossible to predict with certainty, but it does not appear that petition filings will again increase by double digits in 2017.
Can Courts convey authority, or do they just interpret the law, which they are given by the Legislature?
There is a concept of American constitutional construction that seeks to define and constrain government, called "separation of powers." The idea is simple enough, though it is perhaps less respected today than historically; perhaps less than intended. But, interpreting the intent of constitutional framers can be a difficult endeavor.
Separation of powers, stated simply, keeps the state's executive out of legislative and judicial responsibilities, while keeping the courts out of executive and legislative responsibilities, and keeping the legislature out our executive and judicial responsibilities. The message of separation of powers is "focus on the job that the people have given to you"; after all, under our American concept of government, the people are the root-source of all authority.