WORKERS COMPENSATION OPTIONS FOR TRIBES IN WASHINGTON STATE

Size: px
Start display at page:

Download "WORKERS COMPENSATION OPTIONS FOR TRIBES IN WASHINGTON STATE"

Transcription

1 WORKERS COMPENSATION OPTIONS FOR TRIBES IN WASHINGTON STATE Peter S. Hicks WILLIAMS KASTNER & GIBBS PLLC ALL RIGHTS RESERVED Peter S. Hicks

2 I. INTRODUCTION. This paper provides an overview of the Washington State Industrial Insurance Act and the applicability or inapplicability of such state workers compensation laws to tribal and nontribal employers doing business on the reservation. 1 The paper will further provide a discussion of potential advantages and disadvantages to electing to cover employees under the Washington State Industrial Insurance Act or choosing to establish your own workers compensation system to process workers compensation claims for tribal employees and employers. II. THE WASHINGTON STATE INDUSTRIAL INSURANCE ACT. Enacted in 1911, the purpose of the Washington State Industrial Insurance Act ( the Act ), or Title 51 of the Revise Code of Washington is set forth in RCW : The common law system governing the remedy of workers against employers for injuries received in employment is inconsistent with modern industrial conditions.... The state of Washington, therefore, exercising its police an sovereign power, declares that all phases of the premises are withdrawn from private controversy, and such sure and certain relief for workers, injured in their work, and their families and dependents is hereby provided regardless of questions of fault and to the exclusion of every other remedy, proceedings or compensation, except as otherwise provided in this title; and to that end all civil actions and civil cause of action for such personal injuries and all jurisdiction of the courts of the state over such causes are hereby abolished, except as in this title provided. RCW (citations omitted; emphasis added). In essence, the State Legislature intended to replace the common law of employer-employee liability with a no fault industrial insurance system. This intent has been upheld by both the Washington State Supreme Court and the U.S. Supreme Court. State v. Mountain Timber Co., 75 Wash. 581, (1913) aff d, 243 U.S. 219 (1917). To accomplish its purpose, the Act requires that all employers carry workers compensation coverage for any employees working within Washington State. RCW ; To further insure coverage, the courts have indicated that the Act is to be liberally construed in favor of the worker whenever possible. Peet v. Mills, 76 Wash. 437, (1913). A. Who is an Employer? RCW defines an employer as: [A]ny person, body of persons, corporate or otherwise, and the legal representatives of a deceased employer, all while engaged in this state in any work covered by the provisions of this title, by way of trade or business, or who contracts with one or more workers, the essence of which is the personal labor of such worker or workers. 1 This issue was comprehensively addressed by the Attorney General of Washington in an April 9, 1997 letter from Senior Assistant Attorney General James Pharris to Gary Moore, former Director of the Washington State Department of Labor & Industries. Much of the analysis contained in this paper tracks that in Mr. Pharris letter. Peter S. Hicks

3 Notwithstanding this definition, the Act is essentially silent with respect to tribes or tribal employees. RCW explicitly includes state, county and municipal workers under the Act s coverage, but does not mention tribes or their employees. Similarly, RCW provides that the purpose of the Act is intended to embrace employees working on projects on all lands and premises owned or held by the United States of America, but makes no reference to tribal or reservation lands. Finally, RCW applies the Act to employers and workers (other than railways and their workers) engaged in intrastate and also interstate or foreign commerce, but once again does not apply the Act to tribal enterprises or employees. B. Who is an Employee? RCW begins with a general policy statement consistent with the Act s stated intent: [t]here is a hazard in all employment and it is the purpose of [the Act] to embrace all employments which are within the legislative jurisdiction of the state. RCW (emphasis added). The Act therefore broadly defines Employee and worker " to include every person in this state who is engaged in the employment of an employer, including officers of the state, state agencies, counties, municipal corporations, or other public corporations or political subdivisions. RCW Thus, for all practical purposes, with only limited exceptions, all employees in Washington are entitled to workers compensation coverage. III. APPLICABILITY OF THE ACT TO BUSINESS CONDUCTED ON THE RESERVATION. Given the Act s liberally construed purpose to provide no fault workers compensation coverage to all employees in the State of Washington, many ask whether a tribe can elect to implement its own workers compensation system in lieu of the Industrial Insurance Act. Although the State Legislature has elected to extend the coverage of the Act to workers on federal projects and in interstate or foreign commerce, the Legislature has generally provided such coverage only to the extent permitted by federal law. It therefore appears the State may defer to federal law in evaluating a tribe s right to establish its own workers compensation regime that is not subject to the provisions of the State Act. Although the federal U.S. Constitution grants to Congress the power to regulate commerce with Indian tribes, and makes the statutes and treaties of the U.S. the supreme law of the land, Congress has not passed any statute explicitly relating to workers compensation. U.S. Const. arts I 8, VI. The U.S. Congress regulates state workers compensation laws under 40 U.S.C. 290, not withstanding, which provides: States shall have the power and authority to apply such laws to all lands and premises owned or held by the United States of America by deed or act of cession, by purchase or otherwise, which is within the exterior boundaries of any State, to all projects, buildings, constructions, improvements and property belonging to the United States of America, which is within the exterior boundaries of any State, in the same way and to the same extent as if said 2

4 premises were under the exclusive jurisdiction of the State within whose exterior boundaries such place may be. However, other states, such as Arizona and Minnesota have concluded that this federal statute was not intended to apply state workers compensation laws to tribal activities on Indian reservations. See Tibbetts v. Leech Lake Reservation Business Comm., 397 N.W.2d 883 (Minn. 1986); Swaztell v. Industrial Comm n., 277 P.2d 244 (Ariz. 1954) (petitioner was a non-indian employee); White Mountain Apache Tribe v. Industrial Comm n., 696 P.2d 223 (Ariz. 1985). A. Tribal employers employing tribal members: It is well settled federal law that the states lack civil regulatory jurisdiction over Indian tribes and that tribes are sovereign entities over which state law has no force, unless Congress expressly provides otherwise. See Cherokee Nation v. Georgia, 30 U.S., 8 L.Ed 25 (1831). As an extension of their sovereignty, tribes are generally immune from suit in both federal or state court. See Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978). Thus, unless a tribe elects to subject itself to the Industrial Insurance Act, Tribal businesses employing tribal members will be subject to tribal law rather than the provision of the Act. See Fisher v. District Court, 424 U.S. 382, reh g denied, 425 U.S. 926, 772 (1976). B. Tribal employers employing non-tribal members: Although the Washington courts have not rendered any opinions regarding a tribal employer s obligation to provide workers compensation coverage for non-tribal members under the State Act, we believe a tribal employer has a right to establish its own workers compensation code for non-member tribal employees. In 1997, the Mashantucket Pequot Tribal Council enacted its own workers compensation code and requested that the Connecticut Attorney General provide an opinion regarding the Tribe s right to apply the code to non-member employees. The Connecticut Attorney General concluded that the Tribe had authority to establish and enforce its own workers compensation code to govern any tribal employees workrelated injuries that arose on the reservation. See 1997 Conn. Op. Atty Gen., December 19, Drawing support from the Connecticut Attorney General s opinion, the same consideration should hold true in Washington tribes can adapt and enforce their own workers compensation laws relative to member and non-member workplace injuries. C. Non-Tribal employers conduction business on the reservation: In contrast to situations involving tribal employers, the Act is likely applicable to nontribal employers doing business in Indian Country. Begay v. Kerr-McGee Corp., 682 F.2d 1311 (9 th Cir. 1982); State of Idaho, ex rel. Industrial Commission v. Indian Country Enterprise, 944 P.2d 117 (Idaho Supreme Ct. 1987); Johnson v. Kerr McGee Corp., 631 P.2d 548 (Ariz. 1981). In each of these cases, the courts have concluded that 40 U.S.C. 290 permits states to regulate non-tribal companies conducting business on reservations. The court s rationale, seem to be that non-tribal enterprises should not be permitted to shirk their obligation to provide adequate 3

5 workers compensation coverage for their employees, not that tribes do not have sovereign non- Indian authority to regulate workplace injuries. IV. COVERAGE OPTIONS Notwithstanding a tribe s right to enact its own workers compensation code, there is no law that explicitly requires a tribe do so. However, it is sound tribal policy to afford protection to injured tribal employees, be they Indian or non-indian. Accordingly, tribes should evaluate their options for providing workers compensation coverage to tribal employees. A. Opt in to coverage under the act The Interlocal Cooperation Act, codified under RCW 39.34, provides: (1) Any power or powers, privileges or authority exercise or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any public agency of this state having the power or powers, privileges or authority, jointly any with any public agency of any other state or of the United States to the extent that such laws of such other state of or the United States permit such joint exercise or enjoyment. Any agency of the state government when acting jointly with any public agency may exercise any enjoy any and all of the powers, privileges and authority conferred by this chapter upon a public agency. (2) Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of this chapter. RCW A public agency is defined to specifically include any Indian tribe recognized as such by the federal government. RCW In accordance with this language, tribes are permitted to enter into various agreements with the Washington State Department of Labor and Industries to to subject themselves to the regulations and employer obligations imposed by the Industrial Insurance Act. Tribes that opt-in to coverage under the Act have two options with regard to how workers compensation claims are administered: (1) Insure through the Department (State Fund): First, a tribe may simply elect to pay workers compensation premiums to the state and thereby obtain insurance from the Department of Labor and Industries. Under this option, the Department not only has final say regarding all issues regarding compensation, including acceptance or denial of claims, payment of any benefits and closure of claims, but L&I also serves as the claims processing agent and take step to move the claims to closure. (2) Self-Insure: Second, a tribe can elect to be subject to the Act, but operate as a self-insured employer. Under this option, the tribe may act as its own workers compensation insurer and administer its 4

6 own claims. To do so, however, the tribe will be required to post a substantial bond. Under this option, the tribe will be permitted to administer its own claims and make decisions such as when to schedule independent medical examination, when to pay time loss compensation and how to move a claim toward closure. The Deparment of Labor & Industries retains final authority over the claim and issues all decisions regarding acceptance or denial, time loss compensation, vocational services and claim closure. B. Enact Own Code and Commision As discussed in detail above, given the sovereign status of all Indian tribes, a tribe is also permitted to enact its own code and compensation system. Such a system can operated completely independent from the Industrial Insurance Act, to cover tribal businesses that employ both member and non-members. Enactment of a tribal workers compensation code not only requires drafting and implementing regulations for evaluating claims, but also requires the establishment of some system of tribal claims processing and adjudication. Moreover, some type of tribal dispute resolution process is necessary to resolve any decisions that are contested by either the employer or employee. The advantages to this option are many. First, and perhaps most significantly, the tribe can tailor its own system to fit the needs and goals of the tribe. Control of the system will not reside with people in Olympia who may have a limited understanding, if any understanding, of the unique employment issues in Indian Country. Secondly, by enacting its own code and compensation system, the tribe will retain control and final authority over all claims. This will greatly reduce the costs associated with workers compensation claims and may provide for the adjudication of claims in a manner that is more consistent with the goals, philosophy and values of the tribe. Finally, the tribe can set its own rates and premiums and will not be subject to the rating system prescribed by the Department of Labor & Industries. The tribe can therefore choose to enact a system that encourages the grow and expansion of tribal businesses. V. WHAT OPTIONS SHOULD A TRIBE CHOOSE? A number of considerations go into choosing which workers compensation option is best for a particular tribe. Accordingly, tribes should carefully consider their options rather than simply electing to subject themselves to the provision of the Act. Some of the considerations inherent in this analysis are listed below: A. Policy and Goals What are the tribes overriding goals with respect to tribal businesses and their employees? How is the Act consistent with the tribe s policies and goals? 5

7 If the Act is inconsistent with the tribe s policies and goals, can the tribe formulate a code that more appropriately fulfills those goals and policies? Does the enactment of a code or self-insurance make sense given the size of the tribal businesses and the nature of the businesses? B. Adequate Reserves What is the injury history of the tribal businesses? Does the tribe have adequate resources to establish reserves to meet potential claims while tribal employers being paying premiums? What type of policy will the tribe implement with regard to borrowing against workers compensation reserves and how will it insure that adequate reserves exist? C. Coverage and Exclusions What type of conditions and employments does the tribe wish to include or exclude from workers compensation coverage? Shall workers compensation be the sole and exclusive remedy for workplace accidents? If not, what private right of action shall workers have? D. Adjudication/Appeals Process How does the Act s appeals process correspond to the tribes process for resolution of disputes? Does the tribe have the resources or desire to establish its own appeals process? If so, can the tribal court handle the additional work involved and does it have the necessary expertise? is a Member in the Seattle office, whose practice focuses on employment and workers compensation disputes. He assists tribal governments and employers in Washington, Oregon and Montana with such matters. 6

The History and Advantages of a Tribal Workers Compensation Program. Presented by Bob Dahl, TWC Program Manager

The History and Advantages of a Tribal Workers Compensation Program. Presented by Bob Dahl, TWC Program Manager The History and Advantages of a Tribal Workers Compensation Program Presented by Bob Dahl, TWC Program Manager Program Objectives Understanding of Workers Compensation The History of Tribal Workers Compensation

More information

STATE OF MINNESOTA IN SUPREME COURT A10-380

STATE OF MINNESOTA IN SUPREME COURT A10-380 STATE OF MINNESOTA IN SUPREME COURT A10-380 Workers Compensation Court of Appeals Meyer, J. Concurring, Gildea, C.J., Anderson, Paul H. and Deitzen, JJ. Rodney W. Swenson, Respondent, vs. Filed: February

More information

DEPARTMENT OF JUSTICE GENERAL COUNSEL DIVISION. July 11, 2002

DEPARTMENT OF JUSTICE GENERAL COUNSEL DIVISION. July 11, 2002 HARDY MYERS Attorney General PETER D. SHEPHERD Deputy Attorney General DEPARTMENT OF JUSTICE GENERAL COUNSEL DIVISION John Shilts, Administrator Workers Compensation Division Labor & Industries Building

More information

STATE OF ARIZONA OFFICE OF THE ATTORNEY GENERAL

STATE OF ARIZONA OFFICE OF THE ATTORNEY GENERAL STATE OF ARIZONA OFFICE OF THE ATTORNEY GENERAL ATTORNEY GENERAL OPINION by TERRY GODDARD ATTORNEY GENERAL December 22, 2006 No. I06-008 (R06-034) Re: The Application of Proposition 203, the Arizona Early

More information

TITLE 7 CORPORATIONS CHAPTER 7-1 GOVERNMENTAL CORPORATIONS AND LIMITED LIABILITY COMPANIES

TITLE 7 CORPORATIONS CHAPTER 7-1 GOVERNMENTAL CORPORATIONS AND LIMITED LIABILITY COMPANIES TITLE 7 CORPORATIONS CHAPTER 7-1 GOVERNMENTAL CORPORATIONS AND LIMITED LIABILITY COMPANIES 7-1-1 Corporations and Limited Liability Companies Authorized This Act shall be known as the Tribal Governmental

More information

workers' compensation benefits under the Washington Industrial Insurance Act (WIIA). Long

workers' compensation benefits under the Washington Industrial Insurance Act (WIIA). Long LED COWIJ QP APPEALS 2013 MAR 19 IN THE COURT OF APPEALS OF THE STATE OF WASHIN AN 8: 39 DIVISION II B ROBERT LONG, deceased, and AILEEN LONG, Petitioner /Beneficiary, No. 43187-4 II - Appellant, V. WASHINGTON

More information

STATE OF ARIZONA OFFICE OF THE ATTORNEY GENERAL

STATE OF ARIZONA OFFICE OF THE ATTORNEY GENERAL STATE OF ARIZONA OFFICE OF THE ATTORNEY GENERAL ATTORNEY GENERAL OPINION by TERRY GODDARD ATTORNEY GENERAL September 6, 2006 No. I06-003 (R06-024) Re: Amending Contracts of Certain School Employees to

More information

STATE OF ARIZONA OFFICE OF THE ATTORNEY GENERAL

STATE OF ARIZONA OFFICE OF THE ATTORNEY GENERAL STATE OF ARIZONA OFFICE OF THE ATTORNEY GENERAL ATTORNEY GENERAL OPINION by TERRY GODDARD ATTORNEY GENERAL No. I03-009 (R03-016) Re: Arizona Board of Nursing Jurisdiction over Licensees Who Practice Exclusively

More information

Title 18 Natural Resources Chapter 11 Swinomish Treaty Hunters and Gatherers Association

Title 18 Natural Resources Chapter 11 Swinomish Treaty Hunters and Gatherers Association Title 18 Natural Resources Chapter 11 Swinomish Treaty Hunters and Gatherers Association Sec. Subchapter I General Provisions 18-11.010 Title 18-11.020 Authority 18-11.030 Definitions 18-11.040 Tribal

More information

TITLE 5 - REGULATORY PROVISIONS CHAPTER 5-1 LIQUOR CONTROL

TITLE 5 - REGULATORY PROVISIONS CHAPTER 5-1 LIQUOR CONTROL TITLE 5 - REGULATORY PROVISIONS CHAPTER 5-1 5-1-1 Authority and Purpose (a) The authority for this Chapter 5-1 and its adoption by Tribal Council is found in the CLUSI Const. Art. I, section 1 and Art.

More information

Title 8. Workers Compensation

Title 8. Workers Compensation Title 8 Workers Compensation Chapters: 8.01 General Provisions 8.02 Incorporation of Washington State Law 8.03 Claims and Notices 8.04 Exclusive Remedy 8.05 Initial Administrative Appeals 8.06 Claims and

More information

Errors and Omissions Insurance. 1.0 Introduction and Definition

Errors and Omissions Insurance. 1.0 Introduction and Definition Errors and Omissions Insurance 1.0 Introduction and Definition 1.1 Under the terms of this policy the word employee means any trustee of the Board of Education, any employee of the Hicksville Board of

More information

Question: Are Tribal Courts Different than State and Federal Courts?

Question: Are Tribal Courts Different than State and Federal Courts? Over the past decade, Indian tribes throughout the United States have become major players in the nation s economy. Tribes are aggressively creating and operating new businesses in the areas of real estate

More information

Anderson Brothers, Inc. v. St. Paul Fire and Marine Insurance Co.

Anderson Brothers, Inc. v. St. Paul Fire and Marine Insurance Co. Public Land and Resources Law Review Volume 0 Fall 2013 Case Summaries Anderson Brothers, Inc. v. St. Paul Fire and Marine Insurance Co. Katelyn J. Hepburn University of Montana School of Law, katelyn.hepburn@umontana.edu

More information

CONSTRUCTION ON INDIAN RESERVATIONS: Watch Out For The State Tax And The Tribal Tax

CONSTRUCTION ON INDIAN RESERVATIONS: Watch Out For The State Tax And The Tribal Tax CONSTRUCTION ON INDIAN RESERVATIONS: Watch Out For The State Tax And The Tribal Tax By Randal T. Evans Steptoe & Johnson LLP 201 E. Washington Street, 16 th Floor Phoenix, Arizona 85004-2382 (602) 257-5242

More information

November 3, 1999 QUESTION PRESENTED ANSWER GIVEN DISCUSSION

November 3, 1999 QUESTION PRESENTED ANSWER GIVEN DISCUSSION November 3, 1999 No. 8269 This opinion is issued in response to a question from Nancy Ellison, Deputy Commissioner of the Insurance Division of the Department of Consumer and Business Services. QUESTION

More information

49 Op. Att'y Gen. No. 2

49 Op. Att'y Gen. No. 2 49 Op. Att'y Gen. No. 2 CONSTITUTIONS - Scope of construction by attorney general in opinion; STATUTORY CONSTRUCTION - Construction of statute's provisions in manner which gives meaning and effect to each;

More information

Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.

Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. 2015 Regular Session SENATE BILL NO. 172 BY SENATOR MORRISH Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. LIABILITY INSURANCE. Provide with respect to the Transportation

More information

VIEJAS BAND OF KUMEYAAY INDIANS TRIBAL CODE TORT LIABILITY ORDINANCE. Enacted 11-20-2013. Table of Contents

VIEJAS BAND OF KUMEYAAY INDIANS TRIBAL CODE TORT LIABILITY ORDINANCE. Enacted 11-20-2013. Table of Contents VIEJAS BAND OF KUMEYAAY INDIANS TRIBAL CODE TORT LIABILITY ORDINANCE Enacted 11-20-2013 Table of Contents Section 1 General Provisions... 1 1.01 Purpose... 1 1.02 Exclusive Remedy.... 1 1.03 Effective

More information

Title 2 Tribal Government Chapter 9 Charter of Swinomish Fish Company

Title 2 Tribal Government Chapter 9 Charter of Swinomish Fish Company Title 2 Tribal Government Chapter 9 Charter of Swinomish Fish Company Sec. 2-09.010 Title. 2-09.020 Authority. 2-09.030 Creation of Swinomish Fish Company. 2-09.040 Purpose. 2-09.050 Name; Principal Place

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Safe Auto Insurance Company, : Appellant : : v. : No. 2247 C.D. 2004 : Argued: February 28, 2005 School District of Philadelphia, : Pride Coleman and Helena Coleman

More information

Although I concur in my colleagues statement of the law, I cannot do so with

Although I concur in my colleagues statement of the law, I cannot do so with 09-2276, Ute Mountain Ute Tribe v. Rodriguez LUCERO, J., dissenting. Although I concur in my colleagues statement of the law, I cannot do so with respect to their application of the law to the facts. In

More information

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Special Action Industrial Commission

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Special Action Industrial Commission NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c; ARCAP 28(c; Ariz. R. Crim. P. 31.24 IN THE COURT OF

More information

United States Court of Appeals

United States Court of Appeals United States Court of Appeals FOR THE EIGHTH CIRCUIT No. 06-3562 Auto-Owners Insurance Company, Plaintiff/Appellee, Appeal from the United States v. District Court for the District of North Dakota. The

More information

Preamble. Page 1 of 5

Preamble. Page 1 of 5 TITLE 11. INSURANCE DEPARTMENT Chapter XI -- PREPAID LEGAL SERVICES PLANS AND LEGAL SERVICES INSURANCE Part 262. Legal Services Insurance (Regulation 162) 11 NYCRR 262.0 Preamble (a) This Part implements,

More information

UNIFORM EMERGENCY VOLUNTEER HEALTHCARE PRACTITIONERS ACT

UNIFORM EMERGENCY VOLUNTEER HEALTHCARE PRACTITIONERS ACT FOR APPROVAL UNIFORM EMERGENCY VOLUNTEER HEALTHCARE PRACTITIONERS ACT NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS MEETING IN ITS ONE-HUNDRED-AND-FIFTEENTH YEAR HILTON HEAD, SOUTH CAROLINA

More information

CHAPTER 1. Wyoming Workers Compensation. Workers Compensation Programs Benefit Injured Workers and Employers

CHAPTER 1. Wyoming Workers Compensation. Workers Compensation Programs Benefit Injured Workers and Employers CHAPTER 1 Wyoming Workers Compensation Workers Compensation Programs Benefit Injured Workers and Employers Injured workers receive medical and lost wage benefits, regardless of fault. Employers receive

More information

ST. MARY S REGIONAL MEDICAL CENTER BATH IRON WORKS. treatment costs pursuant to the Maine Workers Compensation Act, 39-A M.R.S.

ST. MARY S REGIONAL MEDICAL CENTER BATH IRON WORKS. treatment costs pursuant to the Maine Workers Compensation Act, 39-A M.R.S. MAINE SUPREME JUDICIAL COURT Decision: 2009 ME 92 Docket: WCB-08-663 Argued: May 20, 2009 Decided: August 18, 2009 Reporter of Decisions Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, LEVY, SILVER, MEAD,

More information

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 14a0331n.06. No. 12-1887 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 14a0331n.06. No. 12-1887 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 14a0331n.06 No. 12-1887 ARTHUR HILL, JR., Plaintiff-Appellant, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT v. CITIZENS INSURANCE COMPANY OF

More information

CASE 0:05-cv-01578-JMR-JJG Document 59 Filed 09/18/06 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 05-CV-1578(JMR/JJG)

CASE 0:05-cv-01578-JMR-JJG Document 59 Filed 09/18/06 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 05-CV-1578(JMR/JJG) CASE 0:05-cv-01578-JMR-JJG Document 59 Filed 09/18/06 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 05-CV-1578(JMR/JJG) State of Minnesota ) ) v. ) ORDER ) Robert B. Beale, Rebecca S.

More information

58-84-10 through 58-84-20: Repealed by Session Laws 1995 (Regular Session, 1996), c. 747, s. 6.

58-84-10 through 58-84-20: Repealed by Session Laws 1995 (Regular Session, 1996), c. 747, s. 6. Article 84. Local Firefighters' Relief Funds. 58-84-1: Repealed by Session Laws 2006-196, s. 6, effective January 1, 2008, and applicable to proceeds credited to the Department of Insurance on or after

More information

MISSISSIPPI LEGISLATURE REGULAR SESSION 2015

MISSISSIPPI LEGISLATURE REGULAR SESSION 2015 MISSISSIPPI LEGISLATURE REGULAR SESSION 2015 By: Representative Mims To: Public Health and Human Services; Insurance HOUSE BILL NO. 205 1 AN ACT TO AMEND SECTION 33-15-15, MISSISSIPPI CODE OF 1972, 2 TO

More information

IN THE WORKERS COMPENSATION COURT OF THE STATE OF MONTANA 2015 MTWCC 13. WCC No. 2015-3545 CAR WERKS, LLC. Petitioner. vs. UNINSURED EMPLOYERS FUND

IN THE WORKERS COMPENSATION COURT OF THE STATE OF MONTANA 2015 MTWCC 13. WCC No. 2015-3545 CAR WERKS, LLC. Petitioner. vs. UNINSURED EMPLOYERS FUND IN THE WORKERS COMPENSATION COURT OF THE STATE OF MONTANA 2015 MTWCC 13 WCC No. 2015-3545 CAR WERKS, LLC Petitioner vs. UNINSURED EMPLOYERS FUND Respondent/Third Party Petitioner vs. JAMES E. GAWRONSKI

More information

September 18, 1998 FIRST QUESTION PRESENTED ANSWER GIVEN SECOND QUESTION PRESENTED ANSWER GIVEN THIRD QUESTION PRESENTED ANSWER GIVEN DISCUSSION

September 18, 1998 FIRST QUESTION PRESENTED ANSWER GIVEN SECOND QUESTION PRESENTED ANSWER GIVEN THIRD QUESTION PRESENTED ANSWER GIVEN DISCUSSION September 18, 1998 No. 8261 This opinion is issued in response to questions from Jan Curry, Manager of the Driver and Motor Vehicle Services Branch of the Oregon Department of Transportation (ODOT), about

More information

CITY ATTORNEYS OFFICE CITY HALL, 435 RYMAN MISSOULA, MT 59802 Phone: (406) 523-4614 Fax: (406) 327-2105 LEGAL OPINION 2002-014

CITY ATTORNEYS OFFICE CITY HALL, 435 RYMAN MISSOULA, MT 59802 Phone: (406) 523-4614 Fax: (406) 327-2105 LEGAL OPINION 2002-014 CITY ATTORNEYS OFFICE CITY HALL, 435 RYMAN MISSOULA, MT 59802 Phone: (406) 523-4614 Fax: (406) 327-2105 LEGAL OPINION 2002-014 TO: FROM: Mike Kadas, Mayor City Council Janet Stevens, Chief Administrative

More information

VOLUME NO. 51 OPINION NO. 11

VOLUME NO. 51 OPINION NO. 11 VOLUME NO. 51 OPINION NO. 11 CONTRACTS - When alteration is permissible; COUNTIES - Group health plans; payments to employees in lieu of participation; COUNTY OFFICERS AND EMPLOYEES - Group health plans;

More information

RE: HF No. 173, 2009/10 Gary Timm v. Meade School District 46-1 and Associated School Boards of South Dakota Worker s Compensation Trust Fund

RE: HF No. 173, 2009/10 Gary Timm v. Meade School District 46-1 and Associated School Boards of South Dakota Worker s Compensation Trust Fund March 29, 2011 James D. Leach Attorney at Law 1617 Sheridan Lake Road Rapid City, SD 57702-3783 Jessica L. Filler Tieszen Law Office Prof. LLC PO Box 550 Pierre, SD 57501 Letter Decision and Order RE:

More information

Appeal Bonds, Sureties, and Stays

Appeal Bonds, Sureties, and Stays Appeal Bonds, Sureties, and Stays Appellate Lawyers Association April 22, 2009 Brad Elward Peoria Office The Effect of a Judgment A judgment is immediately subject to enforcement and collection. Illinois

More information

Summary of Certain Statutes and Bills Related to Independent Contractors Prepared by Damien J. Leonard, Esq. Office of Legislative Council May 7, 2015

Summary of Certain Statutes and Bills Related to Independent Contractors Prepared by Damien J. Leonard, Esq. Office of Legislative Council May 7, 2015 Summary of Certain Statutes and Bills Related to Independent Contractors Prepared by Damien J. Leonard, Esq. Office of Legislative Council May 7, 2015 Statutory Provisions: Workers Compensation: 601. DEFINITIONS

More information

PUBLIC ENTITY POLICY LAW ENFORCEMENT LIABILITY COVERAGE FORM OCCURRENCE COVERAGE

PUBLIC ENTITY POLICY LAW ENFORCEMENT LIABILITY COVERAGE FORM OCCURRENCE COVERAGE A Stock Insurance Company, herein called the Company PUBLIC ENTITY POLICY LAW ENFORCEMENT LIABILITY COVERAGE FORM OCCURRENCE COVERAGE Various provisions in this policy restrict coverage. Please read the

More information

AN EMPLOYER S GUIDE TO WORKERS COMPENSATION IN NEW JERSEY

AN EMPLOYER S GUIDE TO WORKERS COMPENSATION IN NEW JERSEY AN EMPLOYER S GUIDE TO WORKERS COMPENSATION IN NEW JERSEY I. WHAT IS WORKERS COMPENSATION?... 2 II. WORKERS COMPENSATION BENEFITS... 3 III. INSURANCE REQUIREMENTS... 4 Types of Coverage Definition of Employee

More information

Employers Mutual Insurance Co. (:MEMIC) and by defendant Yarmouth Lumber Inc.

Employers Mutual Insurance Co. (:MEMIC) and by defendant Yarmouth Lumber Inc. STATE OF MAINE CUMBERLAND, ss. SUPERIOR COURT CNILACTION Docket No. CV-06-404.' ~ 1\": \,.'" l,} \'}\ - / -~_..~'jl, --f'i 'j - C ~ ~, DONALD l. GARBRECHT v. ORDER LAW LIBRARY ROBERT HUTTON, et al, FEB

More information

2:08-cv-12533-DPH-PJK Doc # 67 Filed 03/26/13 Pg 1 of 7 Pg ID 2147 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:08-cv-12533-DPH-PJK Doc # 67 Filed 03/26/13 Pg 1 of 7 Pg ID 2147 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2:08-cv-12533-DPH-PJK Doc # 67 Filed 03/26/13 Pg 1 of 7 Pg ID 2147 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION OLD REPUBLIC INSURANCE COMPANY, v. Plaintiff, MICHIGAN CATASTROPHIC

More information

TITLE 2 - RULES OF PROCEDURE CHAPTER 2-2 CIVIL ACTIONS, LIMITATIONS AND LIABILITY CIVIL ACTIONS

TITLE 2 - RULES OF PROCEDURE CHAPTER 2-2 CIVIL ACTIONS, LIMITATIONS AND LIABILITY CIVIL ACTIONS TITLE 2 - RULES OF PROCEDURE CHAPTER 2-2 2-2-1 Availability of Civil Actions CIVIL ACTIONS (a) Civil actions are those causes, within the jurisdiction of the Tribal Court, originating in: (1) Tribal law,

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS CALVERT BAIL BOND AGENCY, LLC, Plaintiff-Appellant, FOR PUBLICATION March 10, 2016 9:00 a.m. v No. 324824 St. Clair Circuit Court COUNTY OF ST. CLAIR, LC No. 13-002205-CZ

More information

Chapter 32 Utah Interlocal Financing Authority Act

Chapter 32 Utah Interlocal Financing Authority Act Chapter 32 Utah Interlocal Financing Authority Act 11-32-1 Short title. (1) This chapter shall be known as the "Utah Interlocal Financing Authority Act." (2) All bonds issued pursuant to authority of this

More information

on Native American Projects Roger S. Owers, Esq., Sacks Tierney P.A. Lawrence F. McMahon, Alliant Insurance Services, Inc.

on Native American Projects Roger S. Owers, Esq., Sacks Tierney P.A. Lawrence F. McMahon, Alliant Insurance Services, Inc. Construction Surety Bonding on Native American Projects Roger S. Owers, Esq., Sacks Tierney P.A. Lawrence F. McMahon, Alliant Insurance Services, Inc. May 5, 2015 Presenter Biography Roger S. Owers Roger

More information

THOMAS B. ALEXANDER WILLIAM M. GAGE DISPOSITION: AFFIRMED - 11/14/96 MOTION FOR REHEARING FILED: 12/4/96 MANDATE ISSUED: 2/6/97 EN BANC.

THOMAS B. ALEXANDER WILLIAM M. GAGE DISPOSITION: AFFIRMED - 11/14/96 MOTION FOR REHEARING FILED: 12/4/96 MANDATE ISSUED: 2/6/97 EN BANC. IN THE SUPREME COURT OF MISSISSIPPI NO. 94-CT-00355-SCT ALMA MCCOY, ADMINISTRATRIX OF THE ESTATE OF EARNEST SELBY MCCOY v. SOUTH CENTRAL BELL TELEPHONE COMPANY ON PETITION FOR WRIT OF CERTIORARI DATE OF

More information

United States Workers Compensation/Indemnification Overview

United States Workers Compensation/Indemnification Overview United States Workers Compensation/Indemnification Overview January 18, 2012 Jill Kirila jill.kirila@squiresanders.com Kevin Hess kevin.hess@squiresanders.com 36 Offices in 17 Countries Workers Compensation

More information

History of the Workers' Compensation Court For the Senate Joint Resolution No. 23 Study

History of the Workers' Compensation Court For the Senate Joint Resolution No. 23 Study History of the Workers' Compensation Court For the Senate Joint Resolution No. 23 Study Prepared for the Revenue and Transportation Interim Committee by Megan Moore, Legislative Research Analyst Legislative

More information

Structured Settlement Program

Structured Settlement Program Structured Settlement Program 2014 Annual Report to the Legislature January 2015 Document number: LR 14-01 Available online at: Lni.wa.gov/LegReports Table of Contents Executive Summary... 1 Introduction...

More information

Kitsap Public Health Board Ordinance 2014-01 Food Service Regulations

Kitsap Public Health Board Ordinance 2014-01 Food Service Regulations SECTION 1. AUTHORITY AND PURPOSE A. Pursuant to RCW 43.20.050(5), 70.05.060, 70.46.060 and WAC 246-215, the purpose of these regulations is to safeguard public health and provide to consumers food that

More information

THE BEACON MUTUAL INSURANCE COMPANY CHARTER

THE BEACON MUTUAL INSURANCE COMPANY CHARTER THE BEACON MUTUAL INSURANCE COMPANY CHARTER Rhode Island Public Laws 2003, Chapter 410, enacted August 6, 2003; as amended by Rhode Island Public Laws 2005, Chapter 117, Article16, Section10, enacted July

More information

VOLUME NO. 51 OPINION NO. 16

VOLUME NO. 51 OPINION NO. 16 VOLUME NO. 51 OPINION NO. 16 INSURANCE - Mont. Code Ann. 49-2-309 requires inclusion of coverage for prescription contraceptives and related medical services; INSURANCE - Mont. Code Ann. 49-2-303 requires

More information

NOVEMBER 2013 LAW REVIEW TRADITIONAL MUNICIPAL IMMUNITY FOR LOCAL PARKS

NOVEMBER 2013 LAW REVIEW TRADITIONAL MUNICIPAL IMMUNITY FOR LOCAL PARKS TRADITIONAL MUNICIPAL IMMUNITY FOR LOCAL PARKS James C. Kozlowski, J.D., Ph.D. 2013 James C. Kozlowski The law of personal injury liability is a creature of State law with a wide variety of jurisdictional

More information

DISCLOSURE STATEMENT ISSUES

DISCLOSURE STATEMENT ISSUES Office of Chief Counsel Internal Revenue Service Memorandum Number: 20141002F Release Date: 3/7/2014 CC:LB&I:CTM: ----:---------- POSTF-148188-13 date: January 28, 2014 to: ---------------, Team Manager,

More information

BRB No. 09-0360 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

BRB No. 09-0360 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) BRB No. 09-0360 A.B. v. Claimant-Petitioner GENERAL DYNAMICS CORPORATION/ELECTRIC BOAT DIVISION and ACE AMERICAN INSURANCE COMPANY Employer/Carrier- Respondents DATE ISSUED: 09/23/2009 DECISION and ORDER

More information

TITLE 39 HEALTH AND SAFETY CHAPTER 71

TITLE 39 HEALTH AND SAFETY CHAPTER 71 TITLE 39 HEALTH AND SAFETY CHAPTER 71 39-7101 SHORT TITLE. 39-7102 LEGISLATIVE FINDINGS AND PURPOSES. 39-7103 DEFINITIONS. 39-7104 MILITARY DIVISION --POWERS AND DUTIES. 39-7105 LOCAL EMERGENCY RESPONSE

More information

No. 110,315 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. KANSAS DEPARTMENT OF REVENUE, ALCOHOLIC BEVERAGE CONTROL DIVISION, Appellee.

No. 110,315 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. KANSAS DEPARTMENT OF REVENUE, ALCOHOLIC BEVERAGE CONTROL DIVISION, Appellee. No. 110,315 IN THE COURT OF APPEALS OF THE STATE OF KANSAS KITE'S BAR & GRILL, INC., d/b/a KITE'S GRILLE & BAR, Appellant, v. KANSAS DEPARTMENT OF REVENUE, ALCOHOLIC BEVERAGE CONTROL DIVISION, Appellee.

More information

Case: 09-1166 Document: 00319804259 Page: 1 Date Filed: 09/09/2009 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No.

Case: 09-1166 Document: 00319804259 Page: 1 Date Filed: 09/09/2009 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. Case: 09-1166 Document: 00319804259 Page: 1 Date Filed: 09/09/2009 PER CURIAM. UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 09-1166 LOU MARRA HOGG S, Appellant v. NOT PRECEDENTIAL STATE OF

More information

MARCH 9, 2015. Referred to Committee on Commerce, Labor and Energy. SUMMARY Makes various changes relating to workers compensation.

MARCH 9, 2015. Referred to Committee on Commerce, Labor and Energy. SUMMARY Makes various changes relating to workers compensation. S.B. SENATE BILL NO. COMMITTEE ON COMMERCE, LABOR AND ENERGY MARCH, 0 Referred to Committee on Commerce, Labor and Energy SUMMARY Makes various changes relating to workers compensation. (BDR -) FISCAL

More information

2015 -- S 0329 S T A T E O F R H O D E I S L A N D

2015 -- S 0329 S T A T E O F R H O D E I S L A N D LC001 01 -- S 0 S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 01 A N A C T RELATING TO BUSINESSES AND PROFESSIONS - NURSES - NURSE LICENSURE COMPACT Introduced By: Senators

More information

SB 1241. Introduced by Senator Barto AN ACT

SB 1241. Introduced by Senator Barto AN ACT REFERENCE TITLE: AHCCCS; contractors; providers State of Arizona Senate Fifty-second Legislature First Regular Session SB Introduced by Senator Barto AN ACT AMENDING SECTION -, ARIZONA REVISED STATUTES;

More information

Case: 4:06-cv-00793-RWS Doc. #: 15 Filed: 08/14/06 Page: 1 of 7 PageID #:

Case: 4:06-cv-00793-RWS Doc. #: 15 Filed: 08/14/06 Page: 1 of 7 PageID #: <pageid> Case: 4:06-cv-00793-RWS Doc. #: 15 Filed: 08/14/06 Page: 1 of 7 PageID #: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION NATIONAL HOME INSURANCE COMPANY, INC., et al.,

More information

In the Supreme Court of the State of Washington

In the Supreme Court of the State of Washington In the Supreme Court of the State of Washington CHRISTOPHER WRIGHT, an individual, v. Respondent, COLVILLE TRIBAL ENTERPRISE CORPORATION, a foreign corporation; COLVILLE TRIBAL SERVICES CORPORATION, a

More information

corporation with its principal place of business in the City of

corporation with its principal place of business in the City of TEXAS DEPARTMENT OF INSURANCE Division of Workers Compensation Self-Insurance Regulation MS-60 7551 Metro Center Dr., Ste 100 Austin, Texas 78744-1645 (512) 804-4775 FAX (512) 804-4776 www.tdi.texas.gov

More information

SAC AND Fox NATION Route 2, Box 246 Stroud, Oklahoma 74079 (918) 968-1141 FAX (918) 968-1142

SAC AND Fox NATION Route 2, Box 246 Stroud, Oklahoma 74079 (918) 968-1141 FAX (918) 968-1142 SAC AND Fox NATION Route 2, Box 246 Stroud, Oklahoma 74079 (918) 968-1141 FAX (918) 968-1142 SAC AND FOX NATION CHARLOTTE CARTWRIGHT, COURT CLERX SAC AND FOX NATION RECONVENED SPECIAL BUSINESS COMMITTEE

More information

COLORADO COURT OF APPEALS 2012 COA 55. In re the complaint filed by the City of Colorado Springs, Colorado, ORDER AFFIRMED

COLORADO COURT OF APPEALS 2012 COA 55. In re the complaint filed by the City of Colorado Springs, Colorado, ORDER AFFIRMED COLORADO COURT OF APPEALS 2012 COA 55 Court of Appeals No. 11CA0892 Office of Administrative Courts No. 0S20110010 In re the complaint filed by the City of Colorado Springs, Colorado, Appellant, and concerning

More information

Choosing a Tribal Business Structure

Choosing a Tribal Business Structure U. S. Department of the Interior ϐ Division of Economic Development Tribal Economic Development Principles at a Glance Series Choosing a Tribal Business Structure Office of Indian Energy and Economic Development

More information

MEMORANDUM. Tim Cameron, Kim Chamberlain, Chris Killian Securities Industry and Financial Markets Association

MEMORANDUM. Tim Cameron, Kim Chamberlain, Chris Killian Securities Industry and Financial Markets Association MEMORANDUM TO: FROM: RE: Tim Cameron, Kim Chamberlain, Chris Killian Securities Industry and Financial Markets Association David R. Carpenter, Collin P. Wedel, Lauren A. McCray Liability of Municipal Members

More information

Upon consideration of the motions for rehearing, the original opinion heretofore filed is withdrawn and the following substituted therefor.

Upon consideration of the motions for rehearing, the original opinion heretofore filed is withdrawn and the following substituted therefor. EMPLOYMENT SEC. COMM'N V. C.R. DAVIS CONTRACTING CO., 1969-NMSC-174, 81 N.M. 23, 462 P.2d 608 (S. Ct. 1969) EMPLOYMENT SECURITY COMMISSION OF THE STATE OF NEW MEXICO, and STATE HIGHWAY COMMISSION OF THE

More information

Tribal Secured Transaction Law An Important Tool for Tribal Economic Development

Tribal Secured Transaction Law An Important Tool for Tribal Economic Development Tribal Secured Transaction Law An Important Tool for Tribal Economic Development I. What is secured transaction law and why is it important? a. Market economies depend on the ability of organizations and

More information

To: A. Hal Key, Jacqueline E. Schafer May 9, 2000. Question Presented

To: A. Hal Key, Jacqueline E. Schafer May 9, 2000. Question Presented To: A. Hal Key, Jacqueline E. Schafer May 9, 2000 Uniform Plumbing Code Commision Arizona Department of Environmental Quality Re: State Plumbing Code I00 011 (R00 006) Question Presented You submitted

More information

State & Local Tax Alert Breaking state and local tax developments from Grant Thornton LLP

State & Local Tax Alert Breaking state and local tax developments from Grant Thornton LLP State & Local Tax Alert Breaking state and local tax developments from Grant Thornton LLP Illinois Enacts Legislation to Create Independent Tax Tribunal On August 28, Illinois Governor Pat Quinn approved

More information

January 23, 2014. Re: IHS s Interpretation of IHCIA Section 402 Should Be Rescinded or Amended

January 23, 2014. Re: IHS s Interpretation of IHCIA Section 402 Should Be Rescinded or Amended 2120 L Street, NW, Suite 700 T 202.822.8282 HOBBSSTRAUS.COM Washington, DC 20037 F 202.296.8834 January 23, 2014 Sent via e-mail Yvette Roubideaux, M.D., M.P.H Acting Director, Indian Health Service 801

More information

Issues Relating to Leases on Native American Reservations

Issues Relating to Leases on Native American Reservations Speaker 17: Don J. Miner of Fennemore Craig P.C. Page 1 Issues Relating to Leases on Native American Reservations By: Don J. Miner, Esq. Sarah Kubiak, Esq. Almira Torralba, Esq. April 24, 2007 I. SCOPE

More information

CHAPTER 234 HOUSE BILL 2131 AN ACT AMENDING SECTIONS 12-348, 41-1007 AND 42-2064, ARIZONA REVISED STATUTES; RELATING TO TAX ADJUDICATIONS.

CHAPTER 234 HOUSE BILL 2131 AN ACT AMENDING SECTIONS 12-348, 41-1007 AND 42-2064, ARIZONA REVISED STATUTES; RELATING TO TAX ADJUDICATIONS. Senate Engrossed House Bill State of Arizona House of Representatives Fifty-second Legislature First Regular Session 0 CHAPTER HOUSE BILL AN ACT AMENDING SECTIONS -, -00 AND -0, ARIZONA REVISED STATUTES;

More information

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: CHAPTER 1 PRELIMINARY PROVISIONS

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: CHAPTER 1 PRELIMINARY PROVISIONS PROFESSIONAL EMPLOYER ORGANIZATION ACT Act of Jul. 5, 2012, P.L. 946, No. 102 An Act Cl. 77 Providing for professional employer organizations. TABLE OF CONTENTS Chapter 1. Section 101. Section 102. Section

More information

Office of the Attorney General State of Connecticut

Office of the Attorney General State of Connecticut GEORGE JEPSEN ATTORNEY GENERAL 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 Office of the Attorney General State of Connecticut May 16, 2011 The Honorable Howard F. Pitkin Department of Banking 260

More information

Pending before the Court in the above-entitled matter are Plaintiff s motion for

Pending before the Court in the above-entitled matter are Plaintiff s motion for Case 1:08-cv-00225-EJL-CWD Document 34 Filed 03/02/10 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF IDAHO OREGON MUTUAL INSURANCE COMPANY, an Oregon corporation, Plaintiff, Case No.

More information

HAWAII WORKERS COMPENSATION INFORMATION SHEET

HAWAII WORKERS COMPENSATION INFORMATION SHEET LINDA LINGLE NELSON B. BEFITEL GOVERNOR DIRECTOR COLLEEN LACLAIR DEPUTY DIRECTOR STATE OF HAWAII DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS 830 Punchbowl Street, Room 321 Honolulu, Hawaii 96813 April

More information

FLORIDA SOVEREIGN IMMUNITY WAIVER

FLORIDA SOVEREIGN IMMUNITY WAIVER FLORIDA SOVEREIGN IMMUNITY WAIVER Florida Educational Risk Management Association July 22, 2011 Lisa J. Augspurger, Esq. Bush & Augspurger, P.A. Orlando/Tallahassee Chapter 2010-26 C.S.S.B. No. 2060 TORTS--CLAIMS--SOVEREIGN

More information

Part 700 Tribal Occupational Safety and Health Administration (TOSHA)

Part 700 Tribal Occupational Safety and Health Administration (TOSHA) Part 700 Tribal Occupational Safety and Health Administration (TOSHA) Section 701 Purpose and Definitions. (a) The purpose of Chapter 7 is to assure as far as possible safe and healthful working conditions

More information

NATIONAL WORKERS COMPENSATION AND OCCUPATIONAL HEALTH AND SAFETY FRAMEWORKS

NATIONAL WORKERS COMPENSATION AND OCCUPATIONAL HEALTH AND SAFETY FRAMEWORKS NATIONAL WORKERS COMPENSATION AND OCCUPATIONAL HEALTH AND SAFETY FRAMEWORKS SUBMISSION TO THE PRODUCTIVITY COMMISSION FROM THE BUSINESS COUNCIL OF AUSTRALIA 1 INTRODUCTION SUBMISSION The BCA makes the

More information

SUPREME COURT OF ARIZONA En Banc

SUPREME COURT OF ARIZONA En Banc SUPREME COURT OF ARIZONA En Banc PEOPLE'S CHOICE TV CORPORATION, ) Arizona Supreme Court INC., a Delaware corporation, ) No. CV-01-0156-PR ) Plaintiff/Appellee, ) Court of Appeals ) Division One v. ) No.

More information

PLAINTIFF S MOTION TO DISMISS COUNTERCLAIM

PLAINTIFF S MOTION TO DISMISS COUNTERCLAIM DOCKET NO. PJR CV-02-0817228 SUPERIOR COURT DAVID A. WILSON JUDICIAL DISTRICT OF HARTFORD V. AT HARTFORD THE TRAVELERS INSURANCE COMPANY AND THE TRAVELERS LIFE AND ANNUITY COMPANY NOVEMBER 20,2002 PLAINTIFF

More information

Whose Responsible For Financial Responsibility?

Whose Responsible For Financial Responsibility? Whose Responsible For Financial Responsibility? NC Court Holds Liability Policy for Commercial Vehicle Automatically Provides Minimum of $750,000 of Coverage, Despite Owner Request For Lesser Coverage.

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 13-60119 Document: 00512554303 Page: 1 Date Filed: 03/07/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT GARY CHENEVERT, v. Plaintiff Appellee United States Court of Appeals Fifth

More information

LETTER OPINION 2012-L-06. May 25, 2012

LETTER OPINION 2012-L-06. May 25, 2012 LETTER OPINION 2012-L-06 Mr. William R. Hartl Rugby City Attorney 223 S Main Ave Rugby, ND 58368-1720 Dear Mr. Hartl: Thank you for your letter asking three questions concerning the distribution of certain

More information

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

IN THE SUPREME COURT OF THE STATE OF ILLINOIS Docket No. 107472. IN THE SUPREME COURT OF THE STATE OF ILLINOIS ZURICH AMERICAN INSURANCE COMPANY, Appellant, v. KEY CARTAGE, INC., et al. Appellees. Opinion filed October 29, 2009. JUSTICE BURKE delivered

More information

Sub. H.B. 9 * 126th General Assembly (As Reported by H. Civil and Commercial Law)

Sub. H.B. 9 * 126th General Assembly (As Reported by H. Civil and Commercial Law) Aida S. Montano Bill Analysis Legislative Service Commission Sub. H.B. 9 * 126th General Assembly (As Reported by H. Civil and Commercial Law) Reps. Oelslager, Flowers, Buehrer, White, Trakas BILL SUMMARY

More information

[Tribe] TORT CLAIMS ACT

[Tribe] TORT CLAIMS ACT [Tribe] TORT CLAIMS ACT Table of Contents PART I - Title Scope and Definitions...2 1. Short Title... 2 2. Scope... 2 3. Definitions... 2 PART II - Liability in Tort...3 4. Claims; exclusive remedy... 4

More information

YJ (3 IN THE SUPREME COURT OF FLORIDA INTERNATIONAL BANKERS INSURANCE COMPANY, Petitioner, Case No. 73,488. vs. SUSAN ARNONE, Respondent.

YJ (3 IN THE SUPREME COURT OF FLORIDA INTERNATIONAL BANKERS INSURANCE COMPANY, Petitioner, Case No. 73,488. vs. SUSAN ARNONE, Respondent. .. na YJ (3 IN THE SUPREME COURT OF FLORIDA INTERNATIONAL BANKERS INSURANCE COMPANY, vs. Petitioner, Case No. 73,488 SUSAN ARNONE, Respondent. / B On Discretionary Review from the District Court of Appeal,

More information

Case 3:12-cv-01348-HZ Document 32 Filed 03/08/13 Page 1 of 8 Page ID#: 144

Case 3:12-cv-01348-HZ Document 32 Filed 03/08/13 Page 1 of 8 Page ID#: 144 Case 3:12-cv-01348-HZ Document 32 Filed 03/08/13 Page 1 of 8 Page ID#: 144 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION KELLY J. YOX, an individual, v. Plaintiff, No.

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2006).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2006). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2006). STATE OF MINNESOTA IN COURT OF APPEALS A07-0446 American Family Mutual Insurance Company,

More information

-vs- No. 89-261 IN THE SUPREME COURT OF THE STATE OF MONTANA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff and Respondent,

-vs- No. 89-261 IN THE SUPREME COURT OF THE STATE OF MONTANA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff and Respondent, No. 89-261 IN THE SUPREME COURT OF THE STATE OF MONTANA 1990 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, -vs- Plaintiff and Respondent, THE ESTATE OF GARY NELSON BRAUN, Deceased, and CHESTER V. BRAUN,

More information

CUNDIFF V. STATE FARM: ALLOWING DOUBLE RECOVERY UNDER UIM COVERAGE

CUNDIFF V. STATE FARM: ALLOWING DOUBLE RECOVERY UNDER UIM COVERAGE CUNDIFF V. STATE FARM: ALLOWING DOUBLE RECOVERY UNDER UIM COVERAGE AND WORKERS COMPENSATION Melissa Healy INTRODUCTION In Cundiff v. State Farm Mutual Automobile Insurance Co., the Arizona Supreme Court

More information

ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES AGAINST FEDERAL AGENCIES UNDER THE CLEAN AIR ACT

ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES AGAINST FEDERAL AGENCIES UNDER THE CLEAN AIR ACT ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES AGAINST FEDERAL AGENCIES UNDER THE CLEAN AIR ACT The Clean Air Act authorizes the Environmental Protection Agency administratively to assess civil penalties

More information

Title 17 Tax Chapter 2 Utility Business Activity Tax

Title 17 Tax Chapter 2 Utility Business Activity Tax Title 17 Tax Chapter 2 Utility Business Activity Tax Sec. 17-02.010 Title 17-02.020 Authority 17-02.030 Definitions 17-02.040 Benefits of Tribal Government 17-02.050 Need for Tribal Government Revenue

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE Filed 3/22/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Petitioner, B263869 (W.C.A.B.

More information