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Author Archives: Scott Lauck

Nixon defends cuts to ALJs

Some lawyers questioning authority for terminations

Gov. Jay Nixon on Friday framed cuts his administration made among the state's administrative law judges as a continuation of the policies of previous Gov. Matt Blunt. "They're not Article V judges," Nixon said. "In the last administration they lessened the number of folks in that department already. We felt that continuing to lean that up was appropriate with the budget challenges we face. I'm confident that the remaining commissioners will be able to handle the workload."

Related story: State cuts five ALJ positions

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State cuts five ALJ positions

The state has laid off four administrative law judges, and declined to fill a fifth vacancy, in what workers’ compensation lawyers say may be an unprecedented move. Peter Lyskowski, acting director of the Division of Workers’ Compensation, confirmed Wednesday that ...

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State cuts five ALJ positions

The state has laid off four administrative law judges, including Henry Herschel (pictured), and declined to fill a fifth vacancy, in what workers' compensation lawyers say may be an unprecedented move. Peter Lyskowski, acting director of the Division of Workers' Compensation, confirmed this morning that Herschel and June Doughty from the Jefferson City office; John Tackes from the St. Louis office; and Matthew Murphy from the Cape Girardeau office have been terminated effective July 1. A fifth ALJ, Ron Harris, is retiring from the Jefferson City office on June 30 and will not be replaced. News of the terminations shocked lawyers in the workers' comp field.

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Former Fleishman-Hillard partner sues for age, gender discrimination

The former interim general manager of Fleishman-Hillard’s Kansas City office says he suffered age and gender discrimination when he was fired last year. Warren Dudley claimed the younger woman who was selected over him for the permanent general manager position ...

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Tension arises when HIPAA, caselaw meet

Missouri courts decided years ago that once a plaintiff files a personal injury lawsuit his medical information is, to a certain extent, fair game. But that was before Congress passed sweeping medical privacy legislation. Missouri courts have never squarely ruled on the interaction between the Health Insurance Portability and Accountability Act and their own caselaw. In a ruling last week, the Court of Appeals Western District came close, acknowledging “tension” between HIPAA and caselaw might need to go to the Supreme Court. Judge Alok Ahuja (pictured) co-wrote the Western District decision examining when a doctor can be required to participate in ex parte interviews in medical malpractice cases.

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KCTV sued for race, age, gender bias

A former producer for KCTV has sued the station, alleging race, age and gender discrimination. Francelle R. Watson was fired from the Kansas City CBS affiliate a year ago this month, after more than 20 years with the station, according ...

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