PERSONAL INJURY PITFALLS FROM A LOSING WORKERS’ COMPENSATION CASE

Where an employee has both a workers’ compensation case and a personal injury case against a negligent third party, the attorneys handling the workers’ compensation case must consider carefully whether to allow the case to be decided by a Judge.

The finding of a workers’ compensation Judge that an employee was not injured or that he has recovered will be binding in a subsequent trial against a third party.  Merely filing an appeal of an adverse decision will not prevent it from having a binding effect in the second action unless and until the decision of the workers’ compensation Judge is reversed.  This is why it is essential for attorneys to comunicate when handling separate cases arising out of a work injury.

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