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2015 SESSION

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SB 770 Workers' compensation; exclusivity of remedy.

Introduced by: A. Donald McEachin | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Workers' compensation; exclusivity of remedy. Provides that if the Workers' Compensation Commission or a court on appeal from the Commission makes a finding in an unappealed order based on an evidentiary hearing or a factual stipulation of the parties that the claim relating to an accident, injury, disease, or death did not arise out of or in the course of the employee's employment, then that finding shall be res judicata between the parties and estop them from arguing before a court that the accident is barred by the exclusivity provisions of the Workers' Compensation Act. The bill further sets out the notice provisions required in order for the court finding to be res judicata. This bill is identical to HB 1486.


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