Section objects to workers’ comp rules

first_imgSection objects to workers’ comp rules December 1, 2002 Gary Blankenship Senior Editor Regular News Section objects to workers’ comp rules Senior Editor Saying the Division of Administrative Hearings has overstepped its authority and failed to consult interested parties, the Bar’s Workers’ Compensation Section has filed for a writ of prohibition seeking to block new DOAH procedural rules for compensation cases.The section filed its “Suggestion for Writ of Prohibition” with the Supreme Court in October, saying only the court could make the procedural rules for handling workers’ comp cases.One of the section’s main complaints: The DOAH proposed rules are so difficult and couched in legalese, that everyone using what is supposed to be a self-executing system will have to get a lawyer — both injured workers as well as employers and insurance companies.In a reply brief filed with the Supreme Court on November 13, the Attorney General’s Office, representing DOAH, argued that because workers’ comp courts are not Article V courts in the Florida Constitution, the Supreme Court does not have exclusive jurisdiction over the rules. The brief also said that the section’s “suggestion” for a writ was the wrong way to challenge the rules.At Bar News deadline, the court had not acted on the section’s petition.According to Rafael Gonzalez, a past chair who follows legislative issues for the section, the problem stems from a reorganization of state government that shifted judges of compensation claims to the Division of Administrative Hearings when the Department of Labor was abolished.Now the division, citing the law that transferred the compensation claim judges, is attempting to promulgate procedural rules for the workers’ comp cases. Gonzalez said another law and more than 35 years of case law establish that those rules are under the jurisdiction of the Supreme Court.He said DOAH announced in the spring it would be promulgating the rules, without getting any input from attorneys, insurers, employers, workers, or others involved in the workers’ compensation system. “They didn’t invite any of the groups that have anything to do with day- to-day practice of workers’ comp,” he said.The division did have, as required by state law, three workshop sessions with interested parties but Gonzalez said the department failed to take into consideration concerns of those with experience in the system. Nor did the division show any interest in the claim it was overstepping its authority.“All of a sudden, here comes DOAH, which is an executive agency, and attempts to take over statutorily what has been a function of the Supreme Court,” he said. “We raised that issue and they didn’t even blink. They said, ‘We don’t care, we think we have the authority to promulgate these rules.’”That led the section to file its writ. DOAH is scheduled soon to announce its final version of the rules, and interested parties will have a last chance to suggest a change.Beyond the jurisdiction question, Gonzalez said the DOAH rules dramatically change the system, to the disadvantage and expense of all parties.“The statute says this is supposed to be a self-executing law,” he said. “That means if you were an injured worker, you really shouldn’t have to hire a lawyer. If an injured worker or an employer doesn’t want to retain a lawyer, that individual could go through the rules of procedure and know what was expected of him or her. . . in order to get that heard.“These DOAH rules strip all of that away. The rules become lawyerly. They are now very legalese, they read very much like the Rules of Civil Procedure. They are geared very much toward a litigation practice,” he said. “The proposed rules have eviscerated the vast majority of procedural explanations which existed for the use of attorney and layperson alike.”Aside from that, the rules fail to take into account the changing nature of workers’ comp cases, he said.“Unlike some of the [administrative] cases they hear, workers’ compensation is like a moving target,” Gonzalez said.One doctor may diagnose a problem one way, while another has a second option. There may be a complication from a surgery or treatment, or an unexpected secondary injury or side effect from treatment may surface well into a case, he noted.“In the life of a case, it could go to the judge and have a trial on four or five different issues,” he said. “That’s very different from a personal injury case or taking the license from a doctor.”The DOAH rules attempt to fix a case, or take a single snapshot, and then determine solutions, without regard for changes or unforseen complications, Gonzalez said.The net effect is “the attempted promulgation of rules by DOAH will increase the amount, and therefore the cost, of workers’ compensation litigation in the State of Florida,” Gonzalez said.The proposed rules may be found and downloaded on DOAH’s Web site, at www.jcc.state.fl.us/jcc/.last_img read more

Croatia declared a tourist destination in Quebec in 2018

first_imgThat 2018 is extremely successful for Croatian tourism is confirmed by the last great recognition, ie the award that our country won for destination in 2018 in the choice Associations of travel agents Quebec (L’Association des Agents deVoyages du Quebec – AAVQ). The ceremonial and sixth in a row award ceremony “Uni-Vers” was held last night at the Théâtre Rialto in Montreal, and Croatia was declared the best destination in the strong competition consisting of Portugal, Mexico, Cuba and the Dominican Republic. The award was accepted by Ina Rodin, Director of the CNTB Representation in New York, which also covers the Canadian market.  Ina Rodin also announces the continuation of positive trends from the Canadian market next year. “ŠRegarding the estimate of the total number of arrivals and overnight stays from the Canadian market in the next year, further growth of travel to Croatia is expected at a growth rate of at least 20 percent.  The estimates are based on the forecast for the recovery of the Canadian economy, the strong contribution of direct flights connecting Toronto with Zagreb and Split, and the general growth of interest in travel to Croatia. “, Rodin concluded.Photo: Pexels.com / HrTurizam.hr IllustrationThe Quebec Travel Agents Association (AAVQ) was founded in June 2011 as a non-profit association with free membership for all representatives and entities operating in the travel industry. The goal of the association is to protect and improve the legal rights of members, as well as to encourage the quality of work among members in order to meet all customer expectations.  In the previous part of the year, they realized more than 170 thousand arrivals and 470 thousand overnight stays, which compared to the same period last year represents an increase of 24 percent in arrivals and 18 percent in overnight stays. The CNTB points out that Croatia’s even stronger positioning in distant markets will be one of the key strategic goals in the coming year.last_img read more

The law made simple

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PREMIUMExperts warn it will take time for local carmakers to producer ventilators

first_imgLog in with your social account LOG INDon’t have an account? Register here As the government and carmakers engage in talks on the possibility of producing ventilators, an automotive industry expert says it will take time and a long process to turn the idea into reality.A Jakarta-based automotive expert Bebin Djuana, who is also an executive with a major car producer, said that it would be quite challenging for carmakers to accept the offer from the government to produce such important health equipment.“It’s actually possible for the automotive industry to produce ventilators, but it would take time and need a lot of help from medical equipment manufacturers and the government,” he told The Jakarta Post on Tuesday.Bebin said the car manufacturers needed the product’s blueprints, raw materials and production line designs before being able to start producing ventilators.“One of the most pressing issues is that of venti… Google Topics : Forgot Password ? Linkedin Facebook Indonesia industry-ministry automotive-industry medical-equipment ventilator production shortagelast_img read more

Granit Xhaka explains why Bukayo Saka and Joe Willock will shine for Arsenal

first_imgAdvertisement Advertisement Phil HaighSunday 22 Sep 2019 3:57 pmShare this article via facebookShare this article via twitterShare this article via messengerShare this with Share this article via emailShare this article via flipboardCopy link399Shares Bukayo Saka made a big impact in the Arsenal first team against Frankfurt (Picture: Getty Images)Arsenal midfielder Granit Xhaka has lofty expectations for youngsters Bukayo Saka and Joe Willock, both of whom have broke into the first team this season.Both players started in the 3-0 win over Eintracht Frankfurt on Thursday night in the Europa League and both got on the score sheet, with Saka also providing two defeats.Saka had not played in the Premier League this season ahead of his shining role in Germany, but has been immediately rewarded with a place in the starting XI against Aston Villa on Sunday afternoon.Xhaka was thrilled to see Saka’s performance against Frankfurt, and his fantastic goal, and has explained why there is ‘much more to come from him.’AdvertisementAdvertisementADVERTISEMENT‘What a way to score your first goal for Arsenal!’ Xhaka wrote in the Arsenal matchday programme. ‘I was straight over to his once I saw the ball hit the back of the net and we ran over to celebrate with the fans.‘I really like Bukayo as a player and as a person. He’s respectful, very hardworking and always willing to learn. When you’re young and breaking into the team, you absolutely must have that. If you don’t you can come unstuck really quickly.‘But Bukayo is grounded, he’s on a good path and I’m sure there’s much more to come from him.’ Granit Xhaka explains why Bukayo Saka and Joe Willock will shine for Arsenal Comment Willock opened the scoring against Frankfurt (Picture: Arsenal FC via Getty Images)Willock, 20, has more experience than Saka and has already played in four Premier League games this season.Xhaka is impressed with how the midfielder has made an almost seamless switch from youth team football into the first team.More: FootballRio Ferdinand urges Ole Gunnar Solskjaer to drop Manchester United starChelsea defender Fikayo Tomori reveals why he made U-turn over transfer deadline day moveMikel Arteta rates Thomas Partey’s chances of making his Arsenal debut vs Man City‘What I like about Joe is how quickly he’s adapted to first team football,’ continued Xhaka.‘When you watch him and play alongside him you quickly forget just how young he still is. Nothing phases him, he just stays relaxed and gets on with what he needs to do.’MORE: Arsenal manager Unai Emery says he is to blame for Watford meltdown, not Sokratis PapastathopoulosMORE: Ian Wright says Arsenal’s young stars love working under new assistant Freddie Ljungberglast_img read more

CEE roundup: Romania slashes second-pillar contributions

first_imgCurrently the 39.25% contribution is split equally between the two; in future employers will pay 2.25% and employees 35%.While the government assumes that the lower rate paid by employers will enable them to compensate their employees with higher wages, recent trade union protests suggested that not everyone was convinced.The Romanian Pension Funds Association (APAPR) stated on its website that, while it welcomed the maintenance of the existing mandatory architecture, cutting the rate – instead of increasing it to 6% in accordance with the 2008 law – would affect the long-term viability of the private pensions system.The APAPR said the decision would shrink second-pillar pensions payouts for future beneficiaries by at least 20%, while lowering capital-market financing possibilities for Romanian businesses.Financial independence for Bulgarian regulatorBulgaria’s Financial Supervision Commission (FSC), the country’s regulator for pensions and other non-banking financial services, looks set to become financially independent after the Parliamentary Committee on Budget and Finance adopted a series of amendments to the FSC Act.Currently the FSC is financed from the state budget, as well as licence fees and fines from supervised entities.The pensions industry has complained in the past that the fines levied on its sector have been disproportionately high compared with those paid by insurance and investment companies.In the future, the commission will become independent of the state budget, offsetting the loss through higher licence fees.Financial independence for the regulator was one of the key recommendations in a World Bank report published earlier this year.Other adopted recommendations included raising the salaries of FSC staff to the levels earned by supervised entities, and providing statutory indemnity so that FSC staff would no longer be held financially liable for decisions made in good faith.Legislation begins for Poland’s Employee Capital PlansThe Polish government is set to start working on draft legislation for Employee Capital Plans (PPKs), one of the two strands of the pension overhaul announced last year by finance and economic development minister Mateusz Morawiecki.The new law, envisaged to start in 2019, would oblige all employers with 20 or more employees to set up a PPK for staff, although employee participation will be voluntary.The contribution rates have been set at a minimum 1.5% for employers and 2% and for employees, with the option to increase the levels to 2.5% and 3% respectively.The pension fund management fee has been capped at 0.6% of net assets, with investment management co-ordinated by the state-owned Polish Development Fund.Paweł Borys, the fund’s head, recently estimated that the PPKs would inject PLN15bn-20bn (€3.5bn-4.7bn) a year into the local capital markets.In order to boost participation, the government intends to contribute PLN250 a year to each employee’s PPK pension pot, alongside a one-off sweetener of PLN240 when they join the scheme. The Romanian government has cut the contribution rate to the mandatory second-pillar pension system from next year, from 5.1% of gross wages to 3.75% – the first cut since the system’s inception in 2008.At the same time prime minister Mihai Tudose’s earlier proposal to make the system voluntary has been dropped.The government has justified the cut by stating that, as a result of next year’s increase in public sector gross wages of around 20%, contributions to the funds will remain unchanged in real terms.The wage rises came from a package of amendments to the fiscal code pushed through by emergency decree. Most controversially, these included shifting the bulk of social security contributions from employer to employee.last_img read more

USC alum experiences convention as Calif. delegate

first_imgCHARLOTTE, N.C. — Though Bertrand R. Perdomo-Uclés didn’t win the April election to be named a California delegate for this year’s democratic convention, he didn’t stop trying.Politico · After studying public policy, management and planning at USC, Bertrand Perdomo-Uclés wanted to serve his city and party. – Eric Burse | Daily TrojanPerdomo-Uclés, a 2011 graduate of USC with a major in public policy, management and planning, worked full-time last spring on his campaign to be elected a delegate — making flyers, canvassing neighborhoods, meeting with his campaign team and raising money. He came up only a few votes short.“I wanted to be there to represent the community I grew up in,” Perdomo-Uclés said. “I’ve always loved to serve others.”Convention delegates vote for the party’s presidential and vice-presidential nominees and also vote on the party’s platform on behalf of their constituents.“The party platform issues delegates get to vote on, such as the economy, education, healthcare, housing and immigration, are critical for our nation’s and my own community’s health,” Perdomo-Uclés said.He admitted he was distraught after the loss. But through keeping in touch with the California Democratic Party after the election, Perdomo-Uclés received a call this summer letting him know room had opened up for him to become a delegate.“When I got that phone call, I knew this was a special time for me,” Perdomo-Uclés said. “It was a time for me to serve my party and my voters in Los Angeles.”He knew he had to attend the convention after receiving that information — even though he needed to raise $1,700 in just a few months.Perdomo-Uclés turned to GoFundMe.com and enlisted help from a cinema school friend to film a video for the campaign. He invited his professors, neighbors, fraternity brothers in Delta Omicron Zeta and colleagues to support him by donating.“Proud of you Hermano! ¡Sigue luchando por nosotros!” reads a message donor Charlie Arreola wrote on Perdomo-Uclés’ GoFundMe.com page with a donation of $100.“I’ve known Bertrand for years and he has continued to be such a great support for me,” wrote Karla Barajas, who donated $5. “I know he will represent us well. Fight On Bertrand!”“Your making all of your friends and family proud bro,” wrote Christain Rodriguez, who donated $30 online. “Represent the great state of California. I love you like a brother man, and proud to have you as a mentor.”Similar messages and donation amounts lined Perdomo-Uclés’ page. By Aug. 20, he had raised $1,660 from 49 donations, just $40 shy of his goal.“A lot of people went out of their way to give … they really believe in me,” Perdomo-Uclés said.Now that Perdomo-Uclés is at the convention sitting in prime seats with the California delegation, he says the convention experience is better than he ever imagined.“Not winning the election in April makes this all the much better. It’s making me appreciate the experience even more,” Perdomo-Uclés said.Perdomo-Uclés said that studying public policy, management and planning at USC was a great set-up for an experience like the DNC.“I want to make the world a better place through policy, but after attending the convention I now see that politics has to be in the mix too,” Perdomo-Uclés said.His flight out to Charlotte was an experience in itself. Congresswoman Maxine Waters, congressional staff and fellow California delegates were all on the same flight.“It was an awesome feeling knowing we were all headed to the same place where the party is going to be united,” said Perdomo-Uclés.Perdomo-Uclés shook Michelle Obama’s hand at an event Wednesday morning — something he said  as though it wasn’t a big deal. He attended a presentation by Newark Mayor Cory Booker and said he has been networking with policymakers and politicians from around the nation.“What an experience already, and today’s only Wednesday,” Perdomo-Uclés said. “Being around so many elected officials was definitely a highlight for me.”last_img read more

Three Questions: Wisconsin vs. Illinois

first_imgAfter dropping their conference opener to Iowa, the Wisconsin football team has rattled off two consecutive victories over Nebraska and Purdue. Now, they will travel to Champaign Saturday to go up against a steadily improving Illinois team, and here are three questions to consider as the weekend approaches.What will Corey Clement’s role be?Speculation is swirling around Badgers camp regarding lead back Corey Clement’s return to the field, as the junior continues to recover from sports hernia surgery.As of Thursday, there is still no word on whether Clement will play or not, but UW head coach Paul Chryst relayed that the tailback will likely be a game-time decision.Should Clement return, how much he will play will remain a big question. The running back was dressed in full pads last weekend against Purdue, but did not see the field, so a full workload seems unlikely to happen considering Clement hasn’t seen the field since the first week of September.But the Wisconsin running game needs Clement more than ever this season, as the team currently ranks 12th in the Big Ten in rush offense and has failed to reach 100 total yards rushing in two of their last three games. On top of that, running back Taiwan Deal remains questionable for the weekend as he nurses an ankle injury.Nevertheless, if Clement returns, easing him back into gameplay seems to be the most likely scenario.Football: Corey Clement says status still unknown for SaturdayCorey Clement’s season of uncertainty will continue this week. The junior running back’s status for Saturday’s game against Illinois remains Read…How many times will quarterback Joel Stave throw the football?As a result of the poor performances out of the backfield, Stave has been forced to throw the ball a lot more than he ever has in his career.Coming into this season, Stave had thrown the ball more than 35 times just twice in three years. In his last three games, the quarterback has throw the ball 38 times, 50 times and most recently 39 times against Iowa.But high volume has not translated into good production, as in those three games, Stave has just three touchdowns to three interceptions. He has, however thrown for over 300 yards in two his last three games — something he was unable to do all of last season.In the end, if the rushing attack is effective, Stave will be able to rest his arm in an effort to balance out the offensive attack. But if the running game continues to struggle, look for Stave to air it out often.Which UW linebacker will dominate the middle of the field?The top four leaders on Wisconsin in total tackles are the team’s linebackers, and that should come as no surprise to anyone as they have dominated in the middle all season.Throughout the season, a different Badger linebacker has stepped up in a huge way and single handedly dominated each week. Whether it was redshirt freshman T.J. Edwards with his career-high 16 tackles against Purdue or senior Joe Schobert’s career day of eight tackles and three sacks against Iowa, a Wisconsin linebacker has stepped up in each and every game.This weekend, it may be time for junior and emotional leader Vince Biegel to step up and take over against Illinois, as the linebacker has managed a total of just 10 tackles in his past three games.But either way, it’s when these four play in unison as a collective unit that they are at their best and most effective.Football: T.J. Edwards answers the bell and steps up in a big wayWisconsin defensive coordinator Dave Aranda had a simple message for his young inside linebackers. They needed to step up. More Read…last_img read more

Erasmus considering Munster position

first_imgAccording to the Irish Independent he’s already spoken to the province but is also considering offers from Japan and Europe.Erasmus is currently South African rugby’s general manager but is leaving that position at the end of the season.last_img

Bennett happy with Tour time trial showing

first_imgIt’s the first Individual time trial of this year’s race.Tipperary’s Sam Bennett was the first man to take to the road.The Bora-Argon 18 rider is pleased with how he handled the challenges posed by the 37km course between Bourg-Saint-Andéol and La Caverne du Pont-d’Arc.last_img