Post on 18-Jan-2016
EROSION BY RICO OF EXCLUSIVE
REMEDY OF WORKERS’COMPENSATION
ByJerry Marcinkoski
Michigan Self Insurers’ AssocationExecutive Secretary Emeritus
Attorney, Of Counsel Lacey & Jones, Birmingham, Michigan
R I C O –What is it?
“Any person injured in his business OR PROPERTY by reason of a violation of …. may sue therefor in any appropriate United States district court and SHALL RECOVER THREEFOLD THE DAMAGES HE SUSTAINS AND THE COST OF THE SUIT, INCLUDING A REASONABLE ATTORNEY’S FEE …” 18 U.S.C. Section 1964(c).
HOW A SUCCESSFUL RICO SUIT VIOLATES THE WORKERS’
COMPENSATION BARGAIN
Exclusive Remedy Provisions Federalism/States’ Rights Concerns
THE PLAYERS IN THE RICO CASES
The defendants The plaintiffs The amici curiae Mutually Assured Destruction
BROWN ET AL V CASSENS TRANSPORT CO, CRAWFORD & CO, AND DR. SAUL MARGULES
WC Statute does not foreclose RICO suit There’s an injury to “property” So what if the plaintiffs settled their wc
cases? Plaintiffs win (temporarily)
JACKSON ET AL V SEDGWICK CLAIMS MANAGEMENT SERVICES, COCA-COLA ENTERPRISES, INC.
DR. PAUL DROUILLARD
En banc decision: 10+1 vs 5 No injury to “property,” it’s a personal
injury Defendants win U.S. Supreme Court declines to review or
reverse
DANGERS TO STILL BE AWARE OF
Jackson decision did not turn on exclusive remedy or federalism
Indications are that maybe congress could allow federal courts to entertain RICO suits to ensure a fraud-free workers’ compensation scheme
But, right now ALL IS WELL!