Injured Worker, Insurer Dispute Workers’ Comp Preemption In 4th Circuit
(September 13, 2016, 1:15 PM EDT) -- RICHMOND, Va. — A workers’ compensation provider and a man injured while on the job have filed briefs in the Fourth Circuit U.S. Court of Appeals debating whether a trial court properly dismissed the plaintiff’s complaint over denial of his workers’ comp claims as preempted by North Carolina’s Workers’ Compensation Act (WCA) (Juan R. Cervantes v. Bridgefield Casualty Insurance Co., No. 16-1263, 4th Cir.).
The parties have also briefed the appeals court on whether orders compelling discovery and imposing sanctions on the insurer were properly issued...