Tag Archives: res judicata

Arbitrator’s Decision in PA Heart and Lung Hearing is Not Binding on Workers’ Compensation Judge

While issue preclusion generally applies to the decisions of Workers’ Compensation Boards and Commissions, just as it does generally to court decisions [see, e.g., Larson’s Workers’ Compensation Law, § 127.07], the rule does not apply as broadly to decisions of … Continue reading

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Ohio High Court Says Injury is Not Required to Support Retaliatory Discharge Claim

In a split decision, the Supreme Court of Ohio held that compensability of the alleged underlying injury is not a required element in a retaliatory discharge action under Ohio Rev. Code Ann. § 4123.90. Accordingly, a former employee presented a … Continue reading

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Illinois: Workers’ Comp’s “Traveling Employee” Rule May Not Be Expanded to Tort Arena

Under workers’ compensation law’s so-called “going and coming” rule, for an employee having fixed hours and place of work, injuries sustained en route to or from the workplace are generally not compensable; the ordinary commute is not within the ordinary … Continue reading

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