I’ve written before about the dangers of denying an accident took place in the course and scope of employment.  Such a denial allows removes the exclusive remedy defense to an Employer and allows an injured worker to proceed with a tort action. 

While researching for a client, I found a case decided this past March that is based on the same principle.  But, in this case, the Employer never reported the accident to its Carrier after the injured workers reported their injuries.  This is a big no-no in and of itself, but considering the wider consequences an Employer is crazy to even think to take this position.

More after the jump. . . (more…)

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A client sent a new federal case to me which reminded me to cover a Third District Court case from 2010.  A pretty big case that I missed.  My apologies.

Why is it so big?  Well, it is important for Employers to know that when you claim that an accident did not arise out of the course and scope of employment (magic words!), you throw away your W/C immunity in tort law.

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