Workers' Comp Exclusive Remedy Rule: Navigating Exceptions, Jurisdictional Differences, Litigation Best Practices
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will provide a comprehensive overview of the workers' compensation exclusive remedy rule and notable exceptions to the rule. The panel will examine recent case law and regulations demonstrating how these exceptions may vary by jurisdiction. The panel will also offer best practices for bringing and defending against claims seeking to bypass the exclusive remedy provision.
Outline
- Introduction
- Workers' comp exclusive remedy provision
- History
- Purpose
- Exceptions to the exclusive remedy provision
- Dual Capacity Doctrine
- Intentional Act / Assault
- Machine Modifications / Safety Devices
- Fraudulent Concealment of Injury
- Borrowed Servant Doctrine
- Employee Leasing / Temporary Employment
- Action-Over Claims (contractual indemnity)
- Statutory Employers in Construction Settings (Contractors/Subcontractors)
- Bare Employers (no workers' compensation coverage)
- UM/UIM Claims
- Employer Contribution / Employer Fault
- Pointers regarding third-party liability
- Practitioner takeaways
Benefits
The panel will review these and other important considerations:
- What is the workers' comp exclusive remedy provision, and what is its purpose?
- What are common exceptions to the exclusive remedy rule? How do these vary by jurisdiction?
- When may a claimant consider action against an employer pursuing an exception to the exclusive remedy rule? Can a workers' compensation carrier obtain reimbursement from a recovery obtained by the employee from the employer under an exception to the exclusive remedy rule?
Faculty
Gary L. Wickert
Shareholder
Matthiesen Wickert & Lehrer
Mr. Wickert is an insurance trial lawyer and is regarded as a leading expert on insurance subrogation. He is the... | Read More
Mr. Wickert is an insurance trial lawyer and is regarded as a leading expert on insurance subrogation. He is the author of several subrogation books and legal treatises and is a national and international speaker on subrogation. Mr. Wickert oversees a National Recovery Program which includes a network of nearly 285 contracted subrogation law firms in all 50 states, Mexico, Canada and the United Kingdom.
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