Don’t Give Up Too Early In Workers' Comp Cases

Law360, New York (July 23, 2013, 12:26 PM EDT) -- There’s a rule most of us learned early on in the first semester of torts class in law school: that ordinarily, there is no allowance for an already weakened state of the injured party. That is to say that if a defendant negligently injures another, the defendant is responsible for all the consequences, whether they were foreseeable or not.

Generally referred to as “the eggshell skull rule,” the concept bleeds over into workers’ compensation law in spite of the fact that in that latter arena, employer...
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