Two RICO suits involving workers’ compensation have been settled before trial. One in 2012 in Colorado involved Walmart and Concentra. The other now being settled involves York’s claims services for the City of Phoenix.
RICO litigation may be the greatest threat today to exclusive remedy because when a plaintiff can litigate in federal court under RICO, what looks to workers’ comp professionals as tolerable of mediocre adjuster behavior can appear from another perspective as a joint conspiracy to deprive injured workers of their rights.
The problem is particula...
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