Increased Impact of Workers' Comp Findings in Personal Injury Actions

Scott E. Miller, special counsel and principal at Jones Hirsch Connors Miller & Bull, and Julian D. Ehrlich, senior vice president, claims, for Aon Construction Services Group, review the recent Court of Appeals holding that a Workers' Compensation Board's determination regarding the duration of an injured worker's disability was a factual determination that "should be given preclusive effect...relevant to lost earnings and compensation for medical expenses" in the claimant/plaintiff's third-party tort action.

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