Category Archives: Grand Bargain

Florida State Supreme Court Upholds Law’s Validity

Following up on what I reported on earlier this week, the Supreme Court of Florida unanimously decided not to review Daniel Stahl v. Hialeah Hospital, according to Business Insurance’s Stephanie Goldberg.

In my previous post, I mentioned that the 1st District Court of Appeal had ruled that attorney fee schedules violated state law.

But the Court of Appeal also ruled back in March in the above referenced case, that the workers comp system was an adequate exclusive remedy, Ms. Goldberg said in her article.

The State Supreme Court accepted jurisdiction to review the decision, and said in its ruling that, “after further consideration and hearing oral argument in this case, we have determined that we should exercise our discretion and discharge jurisdiction.”

So for the time being, it would seem that Florida’s Workers’ Compensation law is constitutional, and until other cases that are pending are resolved (see my articles, “Constitutionality of Workers’ Comp Challenged: What that could mean for Medical Travel“, “Update on Constitutionality of Work Comp in Florida“, and “Advocacy Group Petitions Florida Supreme Court to Review Work Comp Constitutionality“), Florida’s injured workers will still have something to protect them.


I am willing to work with any broker, carrier, or employer interested in saving money on expensive surgeries, and to provide the best care for their injured workers or their client’s employees.

Ask me any questions you may have on how to save money on expensive surgeries under workers’ comp.

I am also looking for a partner who shares my vision of global health care for injured workers.

I am also willing to work with any health care provider, medical tourism facilitator or facility to help you take advantage of a market segment treating workers injured on the job. Workers’ compensation is going through dramatic changes, and may one day be folded into general health care. Injured workers needing surgery for compensable injuries will need to seek alternatives that provide quality medical care at lower cost to their employers. Caribbean and Latin America region preferred.

Call me for more information, next steps, or connection strategies at (561) 738-0458 or (561) 603-1685, cell. Email me at: richard_krasner@hotmail.com.

Will accept invitations to speak or attend conferences.

Connect with me on LinkedIn, check out my website, FutureComp Consulting, and follow my blog at: richardkrasner.wordpress.com.

Transforming Workers’ Blog is now viewed all over the world in 250 countries and political entities. I have published nearly 300 articles, many of them re-published in newsletters and other blogs.

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Oklahoma WC Statute Struck Down

The Supreme Court of Oklahoma struck down yesterday parts of that state’s Workers’ Compensation law.

In a 7-2 decision, the Court’s ruling invalidated the permanent partial disability deferral provisions of the state’s workers compensation statutes of 2013.

Justices on the Court said that deferring permanent partial disability payments if an injured worker returns to work was unconstitutional.

According to Justice Noma Gurich, who wrote for the majority, “an injured employee who returns to work receives no compensation for the physical injury sustained and no compensation for a reducing in future earning capacity, upending the entire purpose of the workers’ compensation system,

Two other Justices, Tom Colbert and Joseph Watt,said that the decision does not go far enough “to cure the Legislature’s unconstitutional scheme” and hinting that other provisions could have been tackled in the ruling.

The decision that led to the Court’s finding, involved four cases filed with the state’s Workers Compensation Commission by workers who were injured on the job.

In at least one case, officials improperly relied on American Medical Association guidelines for evaluating the extent of permanent impairment to a worker, according to the article.

An attorney who represented two workers in the case said that, “it is another example of the court having to correct a poorly written law.”

However, the president and CEO of the State Chamber of Oklahoma said that he was disappointed with the decision and believes the court should defer to the Legislature.

“Oklahoma workers and employers both benefit from an administrative rather than court-based system,” Fred Morgan said in a statement.

Both groups are harmed when the court continues to act like an unelected legislature, overturning the will of the people through their elected representatives.

Morgan’s comments are typical of Republican and conservative views when issues such as these are decided against them and their right-wing agenda, which is to return the nation to the 19th century, economically and politically.

They decry “activist judges” when decisions are rendered that upend their reactionary ideology and goals, but declare that the Courts are carrying out the will of the people when they rule in their favor.

What is the bottom-line here?

Workers’ compensation is increasingly being challenged, yet the industry itself refuses to yield to new ways of thinking, new ways of seeing improvements in the treatment and care of injured workers, and allows the Courts or legislatures to pick apart aspects of the laws that either hurt workers or hurt employers, but never do they consider what the workers want.

Instead, some are content to put their words in workers’ mouths, and declaring that injured workers will not seek surgery outside the US. Were they ever asked? No, and if it was up to many in the industry, it never will. So things will only get worse, not better.

Workers’ Comp Opt-Out Goes Under US Microscope

Laws that allow employers in Texas and Oklahoma to opt out of the states’ workers comp systems could be subject to federal oversight, according to an article today in Business Insurance.com,  amid concerns about their effect on injured workers’ access to benefits and care and potential discrimination against employees who report workplace injuries and illnesses.

The article by Gloria Gonzalez, stated that last October, several Congressmen  wrote to the U.S. Department of Labor asking for a report on how it would re-institute oversight of state workers comp systems.

The department annually tracked states’ compliance with recommended federal standards from 1972 to 2004, following an investigation by ProPublica Inc. and National Public Radio into state workers comp programs, the article reported. (Both ProPublica and NPR reports were previously cited by myself and others in earlier posts)

Ms. Gonzalez wrote that the letter also asked whether the department needed additional authority to protect injured workers’ rights and prevent cost shifting to taxpayers via programs such as Social Security.

Chris Mandel, senior vice president of strategic solutions at Sedgwick Claims Management Services Inc. in Nashville, was quoted as asking, “Is that a prelude to federalization?”

His question came Tuesday at the Business Insurance Rick Management Summit, and his reply to his own question was, “Who knows?  But let’s just say they’re not happy with what they see.”

What does this mean to you?

It means Uncle Sam is watching, and he does not like what he sees going on with the expansion of opt-out legislation. Some of us already don’t like it and have not drunk the kool-aid just yet.

Let’s hope for the sake of injured workers that the feds do take a look under the microscope at the promises of opt-out and they find bacteria that can bring down the entire system, leaving injured workers where their great-grandfathers were before workers’ comp existed…out in the cold and out of luck if they got hurt.

Challenges Facing Work Comp

In three weeks, members of the medical tourism industry will gather in Puerto Vallarta, Mexico to attend the 6th Mexico Medical Tourism Congress.

You may recall that I was invited and attended the Congress last year, and was invited again this year. However, due to personal and financial reasons, I am not attending this year.

I am however, posting my PowerPoint presentation below for your viewing, with narration by yours truly. I hope you find it interesting and informative.

Challenges Facing Workers’ Comp (PowerPoint)

Challenges Facing Workers’ Comp (video)