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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 | history

SUMMARY AS PASSED:

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.

SUMMARY AS PASSED SENATE:

Workers' compensation; exclusivity of remedy. Provides that if a court or the Worker's Compensation Commission makes a finding in an unappealed order that an accident, disease, injury, disease or death is barred by the exclusivity provisions of the Workers' Compensation Act, then that finding shall be res judicata between the parties and estop them and certain others from arguing before the Commission or a court that the accident, injury, disease or death did not arise out of and in the course and scope of the employee's employment. The bill further sets out the notice provisions required in order for the court finding to be res judicata.

SUMMARY AS INTRODUCED:

Workers' compensation; exclusivity of remedy. Provides that if a court determines that an accident, disease, injury, or death is barred by the exclusivity provisions of the Workers' Compensation Act, then that finding shall be res judicata between the parties and estop them from arguing before the Workers' Compensation Commission that the accident, injury, or death did not arise out of and in the course and scope of the employee's employment. The measure also provides that if the Commission or a court determines that the accident, injury, or death does not arise out of or in the course and scope of such employee's employment, then that finding shall be res judicata and estop those same parties from arguing before a court that the accident is barred by the Act's exclusivity provisions.