Aspen Publishes David Brose on Workers' Comp - 2011-05-02

Langdon & Emison attorney David Brose was published by a leading employment law publication on issues of workers' compensation and its application in litigation, when Aspen published the special report titled, "Workers' Compensation:  Determining When it is Truly the Exclusive Remedy."  This piece was published in the April 2011 edition of Employee Benefit Plan Review. 

"In evaluating the claims of an injured worker, the analysis necessary to determine the available and best course of action for the worker and the corresponding liability exposure for the employer is essentially the same," David writes.  "At the outset, one must first determine whether workers’ compensation provides a potentially viable and available remedy, given the facts and circumstances surrounding the accident.  If the answer to this initial inquiry is “no,” the comparative analysis ends, and both parties must look beyond workers’ compensation to common law based civil remedies. 

"However, if the answer to this initial question is 'yes,' one finds herself presented with a myriad of issues which must be considered in determining the next appropriate step.  Has the employer ensured compensation so as to gain the benefits of the exclusivity bar?  Does the worker have the ability to elect her remedy, be it workers’ compensation benefits or damages in a traditional personal injury action?  If the worker either has the ability to elect her remedy or such selection of remedy is imposed on her by law, does the pursuit or receipt of such remedy forever bar any further claims against the employer?  If there is not a complete bar, what other potential claims exist?"

David answers these and other questions in the article.  Employee Benefit Plan Review is a leading trade publication in the field, including analytical articles from leading attorneys and employee benefits professionals each month.