By Robert G. Rassp, author of The Lawyer’s Guide to the AMA Guides and California Workers’ Compensation (LexisNexis) Disclaimer: The material and any opinions contained in this treatise are...
Oakland, CA – Private self-insured claim volume in the California workers' compensation system fell 9.5% in 2023, producing the biggest year-to-year decline in private self-insured claim frequency...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board No matter the source of your media consumption, it seems that the topic...
By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board Who doesn’t agree with the fact that “[w]e should not interpret or apply statutory language...
When do the exclusivity provisions of Labor Code section 3600 permit an action for law at damages? By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’...
In a divided decision, an Illinois appellate court held that a trial court did not abuse its discretion in allowing the defendant to raise the exclusive remedy defense in spite of the fact that the parties had already taken more than 40 depositions during more than five years of motion practice, discovery, and an earlier appeal in as much as the employer’s response was to plaintiff’s seventh amended complaint. The majority was not persuaded by the plaintiff’s contention that the law-of-the-case doctrine precluded the defendant’s defense. Moreover, the majority indicated the defendant could take advantage of the exclusiveness defense regardless of whether it had specifically paid workers' compensation benefits for the joint venture within which it was a part.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis
See Hiatt v. Ill. Tool Works, 2018 IL App (2d) 170554, 2018 Ill. App. LEXIS 728 (Sept. 28, 2018)
See generally Larson’s Workers’ Compensation Law, § 100.01.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law