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
- Lack of required insurance
- Employer intentional misconduct
- Fraudulent concealment of injury
- Violation of employment laws
- Bad faith handling of claims
- Action-over claims (contractual indemnity)
- Employers without workers' compensation coverage
- UM/UIM claims
- 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 experts on insurance subrogation. He is the... | Read More
Mr. Wickert is an insurance trial lawyer and is regarded as a leading experts 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.
CloseEarly Discount (through 11/22/24)
Cannot Attend December 17?
Early Discount (through 11/22/24)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.