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Judicial Hellholes List – For Workers Comp In WV and IL

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Judicial Hellholes Across America – Workers Comp Version

The American Tort Reform Foundation (ATRF) recently released its annual Judicial Hellholes List.  One has to wonder if Workers Comp is mentioned in the annual study.

Picture of gavel Judicial Hellholes with law book
Wikimedia – howtostartablogonline.net

Actually,  WC appears an unlucky 13 times.  If you have triskaidekaphobia, you may want to avoid reading the rest of this article.  The 13 mentions will be combined for readability.

The first time WC appears in the study is the West Virginia designation as a legal hellhole.  The study says WV repeatedly circumvents its established Workers Comp system.  West Virginia’s WC system has appeared in this study for years.

The basis for the WV concern is the courts repeatedly allowing the tried-and-true “no-fault” WC system to fall flat on its face.  Injured employees are allowed to circumnavigate the sole remedy and sue their employers at will.  Would that not cause premiums to soar?  Premiums have not risen that much in WV.

The ATRF gives a dishonorable mention to Illinois appellate courts for expanding workers’ compensation liability beyond its intended scope and providing excessive compensation.   The Foundation refers to Illinois as being full of activist judges that rule the way they want regardless of the law.  This is one of the reasons Illinois WC costs have skyrocketed recently.

Attorney Judicial Hellholes Talking To People In Court
StockUnlimited

The City of Philadelphia is seen as a hellhole due to highly predatory WC plaintiff attorneys.

The bottom line is that West Virginia, Illinois, and the City of Philadelphia were the three judicial hellholes for Workers Comp in this study.

The result will always be huge increases in premiums that must be passed along to the consumer. For all types of legal matters, California won out as being the worst.  However, CA did not make the WC list.

I will update the Judicial Hellholes Workers Comp version as I remember to research their website. 

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James Moore

Raleigh, NC, United States

About The Author...

James founded a Workers’ Compensation consulting firm, J&L Risk Mgmt Consultants, Inc. in 1996. J&L’s mission is to reduce our clients’ Workers Compensation premiums by using time-tested techniques. J&L’s claims, premium, reserve and Experience Mod reviews have saved employers over $9.8 million in earned premiums over the last three years. J&L has saved numerous companies from bankruptcy proceedings as a result of insurance overpayments.

James has over 27 years of experience in insurance claims, audit, and underwriting, specializing in Workers’ Compensation. He has supervised, and managed the administration of Workers’ Compensation claims, and underwriting in over 45 states. His professional experience includes being the Director of Risk Management for the North Carolina School Boards Association. He created a very successful Workers’ Compensation Injury Rehabilitation Unit for school personnel.

James’s educational background, which centered on computer technology, culminated in earning a Masters of Business Administration (MBA); an Associate in Claims designation (AIC); and an Associate in Risk Management designation (ARM). He is a Chartered Financial Consultant (ChFC) and a licensed financial advisor. The NC Department of Insurance has certified him as an insurance instructor. He also possesses a Bachelors’ Degree in Actuarial Science.

LexisNexis has twice recognized his blog as one of the Top 25 Blogs on Workers’ Compensation. J&L has been listed in AM Best’s Preferred Providers Directory for Insurance Experts – Workers Compensation for over eight years. He recently won the prestigious Baucom Shine Lifetime Achievement Award for his volunteer contributions to the area of risk management and safety. James was recently named as an instructor for the prestigious Insurance Academy.

James is on the Board of Directors and Treasurer of the North Carolina Mid-State Safety Council. He has published two manuals on Workers’ Compensation and three different claims processing manuals. He has also written and has been quoted in numerous articles on reducing Workers’ Compensation costs for public and private employers. James publishes a weekly newsletter with 7,000 readers.

He currently possess press credentials and am invited to various national Workers Compensation conferences as a reporter.

James’s articles or interviews on Workers’ Compensation have appeared in the following publications or websites:

  • Risk and Insurance Management Society (RIMS)
  • Entrepreneur Magazine
  • Bloomberg Business News
  • WorkCompCentral.com
  • Claims Magazine
  • Risk & Insurance Magazine
  • Insurance Journal
  • Workers Compensation.com
  • LinkedIn, Twitter, Facebook and other social media sites
  • Various trade publications

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