RECENT DEVELOPMENTS IN WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY LAW

Notably, when state courts cannot adjudicate an issue based solely upon a statute's plain language, and no precedent of the jurisdiction is determinative, they often look to authority from other states.1 I. STATUTORY DEVELOPMENTS Retraction of benefits and the introduction of restrictive proced...

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Bibliographic Details
Published inTort trial & insurance practice law journal Vol. 51; no. 2; pp. 749 - 776
Main Authors Torrey, David B., McIntyre, Lawrence D.
Format Journal Article
LanguageEnglish
Published Chicago Tort Trial & Insurance Practice Section, American Bar Association 01.01.2016
American Bar Association
Subjects
Employment
Federal court decisions
State court decisions
Workers compensation
Oklahoma
California
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Summary:Notably, when state courts cannot adjudicate an issue based solely upon a statute's plain language, and no precedent of the jurisdiction is determinative, they often look to authority from other states.1 I. STATUTORY DEVELOPMENTS Retraction of benefits and the introduction of restrictive procedural rules have been themes of workers' compensation legislation for two decades.2 This phenomenon is reflected in laws that restrict the parameters of coverage3 and the types of medical conditions that are compensable,4 require that employees treat with employer-designated physicians,5 limit the period during which medical benefits may be collected,6 and admonish that the law is not to be liberally construed.7 The ultimate retraction of benefits has recently been enacted in Oklahoma. PROCEEDINGS TO SECURE WORKERS' COMPENSATION The workers' compensation dispute resolution systems of some states have adopted the Daubert standard to govern the admissibility of expert proofs.161 A leading example is Florida, where the standard was introduced in 20 1 3.162 In a 2015 case, the Florida District Court of Appeals, in an appeal from a Judge of Compensation Claims (JCC) specifically wrote a highly didactic opinion "to address the steps necessary for [courts to undertake the Daubert] analysis.
ISSN:1543-3234
1943-118X