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Exclusive Remedy

Wisconsin Workers Comp Conundrum – Who Is or Is Not Employee?

Recent Court Decision Causes Wisconsin Workers Comp Conundrum For Temporary Agencies A recent  Wisconsin Workers Comp Appeals Court decision redefines the definition of an employer and employee.   My definition of exclusive remedy is – Employers cannot be sued in tort/civil court if a valid workers comp policy that covers an

What If Workers Comp Was Eliminated Tomorrow?

Workers Comp Was Eliminated – Then What? What if Workers Comp was eliminated in the Sunshine State or any other state for that matter? The Florida State Supreme Court will very likely rule on the constitutionality of Workers Comp in the near future. Let us look at the insurance landscape

Exclusive Remedy Affirmed by North Carolina Appeals Court

Exclusive Remedy – North Carolina Affirms The North Carolina Court of Appeals has ruled the doctrine of exclusive remedy is still intact.  The legal environment of today has begun to erode exclusive remedy. Workers Compensation was originally structured to be the only remedy for injuries suffered on the job.  

Texas Supreme Court Says Temps Are Employees For Workers Comp

Texas Supreme Court Exclusive Remedy According to an article in Business Insurance, the Texas Supreme Court ruled that even temporary employees are to be covered under a company’s Workers Comp policy. The case is Casados v Port Elevator. A similar ruling was handed down in Texas approximately 10 years ago.

Exclusive Remedy Doctrine – Two Views From Two States

Two Views From Two States-Exclusive Remedy Doctrine I received a note today on the Workers Compensation Exclusive Remedy Doctrine to ask if there are any recent updates. The last two that I have seen are from Connecticut and West Virginia. A recent CT decision ruled that the Exclusive Remedy Doctrine should

Exclusive Remedy Doctrine in Workers Compensation

Term Of The Day – Exclusive Remedy Doctrine The Exclusive Remedy Doctrine makes Workers Compensation claims a no-fault process. The Workers Compensation insurance provided by an employer will cover the employee no matter who is at fault or even if the incident was purely an accidental occurrence.   An injured employee’s benefits

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