Worker's Comp Case Can't Be Put on Hold While Carrier Disputes Coverage Obligation

The Illinois Appellate Court’s 2nd District last week ruled that a trial court judge erred in placing the administrative proceedings in a workers’ compensation case on hold until ruling on a dispute between an employer and its insurance carrier. While the doctrine of primary jurisdiction required the judge to consider the effect of the employer’s alleged failure to provide the carrier with timely notice of the worker's injury, the 2nd District said the issue did not need to be resolved for Gary Bernardino’s comp claim to move forward. “The doctrine...