RICO Case Goes to the US Supreme Court

[Mort Zuckerman]

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Subject: RICO Case Goes to the US Supreme Court

Date: May 13, 2009 6:23 AM

This is great because now the stupid dot
guv employees like cops and duh DCF might
pay attention to the dangers of psychiatric
whoring "testimony," should they ever become
disabled on the job by a tick bite and then
have to face the same insane crap from
the same insane "forensic experts" that we
Lymies have to deal with.

If you get sick from a tick on the job some
pervert "expert" may come to court and say your
disease "is due to not enough sex" or/and "Unabomber
Chemistry" and you lose all your disability
benefits as well as go to jail for being a
terrorist and/or "dangerously intelligent."

Kathleen
http://www.actionlyme.org/Schoen.htm

==========================================
Subject: [SpinLyme] RICO Case Goes to the US Supreme Court
Date: May 12, 2009 11:00 PM

Workers' Compensation: RICO Case Goes to the US Supreme Court
http://ow.ly/6qIY


TUESDAY, MAY 12, 2009
RICO Case Goes to the US Supreme Court
A Petition for Certiorari has been filed in Brown v. Cassens Transport
Co., 546 F.3d 347 (6th Cir. Oct 23, 2008) (NO. 05-2089), following the
rehearing andrehearing en banc denied (Jan 05, 2009). The Petition was
filed on May 6, 2009. In a landmark decision of immense national
significance, the US Sixth Circuit Court of Appeals ruled that a RICO
claim brought by injured workers against their employer, insurance
carrier and employer medical expert could proceed.


The application states:



"The Sixth Circuit's ruling that the WDCA does not involve the
business of insurance is hardly a model of clarity, but it plainly
rests on two central and essential elements. First, the court held
that workers' compensation categorically is not insurance because, in
the Sixth Circuit's view, workers' compensation does not involve a
“contractual insurance relationship.” App., infra, 20a. Second, the
court regarded as irrelevant Michigan's regulation of the nature of
the workers' compensation benefits that must be provided by employers
- including requirements imposed identically on employers who self-
insure their workers' compensation risks and on those who purchase
insurance of those risks - because Cassens self-insures and the court
believed that self-insurance does not involve the business of
insurance under the McCarran-Ferguson Act. Id. at 22a-24a. But both
aspects of this analysis are wrong. They depart from this Court's
precedent, will lead to inconsistent treatment of identically situated
businesses, and will frustrate state policy regarding both insurance
and workers' compensation."


"The issues presented here are ones of enormous practical importance:
the court of appeals' holding reads significant limits into the
McCarran-Ferguson Act, threatening to interfere with state insurance
regulation and overturn the balance struck by States *31 in their
workers' compensation systems. Most obviously, by categorically
holding that state regulation of employers who self-insure their
workers' compensation liability is outside the scope of the McCarran-
Ferguson Act, the holding below invites a proliferation of RICO strike
suits brought by aggrieved workers' compensation claimants. The
attractiveness of RICO's remedies - including treble damages and
attorney's fees, e.g., 18 U.S.C. § 1964(c) - and the extraordinarily
burdensome nature of RICO discovery assures that an ever-increasing
volume of workers' compensation litigation will find its way to
federal court for decision under federal law. See, e.g., Cristin
Schmitz, Employers Face RICO Claims For Workers Comp Denials, Inside
Counsel (Feb. 1, 2009) (RICO permits “wide-open” discovery;
plaintiffs' counsel states that if case goes to trial, “I am going to
discover every single comp claim that ever existed in the past four
years *** so it's going to open a real can of worms”). To the extent
that settlements are not compelled in such suits, federal courts will
have to pass on the merits of the underlying workers' compensation
claims, creating the potential for overlapping (and possibly
conflicting) adjudication of eligibility for workers' compensation
benefits."



Citation:
2009 WL 1265298 (U.S.) (Appellate Petition, Motion and Filing)
Supreme Court of the United States.
CASSENS TRANSPORT COMPANY, Crawford & Company, and Dr. Saul Margules,
Petitioners,
v.
Paul BROWN, William Fanaly, Charles Thomas, Gary Riggs, Robert
Orlikowski, and Scott Way, Respondents.
No. 08-1375.
May 6, 2009.



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