The Back-Up Plan: Workers’ Compensation and Employers Liability

The “grand bargain” of workers’ compensation relies on injured workers giving up their right to sue in civil court in exchange for certain statutory benefits in a no-fault system. A trend in judgements, however, has allowed injured workers to pursue these and circumvent the exclusive remedy protections for employers. This RIMS 2016 session examined the […]

Undermining the “Grand Bargain” of Workers’ Compensation: How Does This Impact Exclusive Remedy?

At the 23rd Annual National Workers’ Compensation & Disability Conference in Las Vegas, attorneys associated with LexisNexis presented a session on “Direct and Peripheral Attacks on the Exclusive Remedy Doctrine”. The presenters were Deborah Kohl, Lex Larson, and Thomas Robinson. The panel felt that Padgett case in Florida and the Oklahoma Option are two of […]

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