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Arbitration
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removal
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Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Illinois: Commission and Trial Court Sometimes Enjoy Concurrent Jurisdiction over Workers’ Compensation Disputes
While workers’ compensation issues generally are to be determined exclusively by the Illinois Industrial Commission under 820 ILCS 305/18, nevertheless, that statutory provision does not divest the circuit court of jurisdiction of all issues involving...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
United States: Subrogation Interest of Employer/Carrier Does Not Prevent Removal to Federal Court
Acknowledging that an action that arises under the workers’ compensation laws of a state is a “nonremovable action” under 28 U.S.C.S. § 1445(c), a U.S. District Court in California recently held that the fact that a California employer...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: Injured Worker May Sue Medical Providers for Alleged Improper Collection Activity
A Florida trial court’s determination that it lacked jurisdiction to hear a civil action filed by an injured worker against her workers’ compensation medical providers under the state’s Consumer Collection Practices Act was error, held...
Thomas A. Robinson
over 5 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Rhode Island: Workers’ Comp Act Trumps CBA’s Arbitration of Reinstatement Disputes
Rhode Island’s Workers’ Compensation Court has exclusive jurisdiction concerning reinstatement disputes. Accordingly, where a union member employee sustained a serious ankle injury, underwent surgery 10 months later, did not request a leave...