The Sixth Circuit Court of Appeals recently issued a 2-1 decision in which the majority found that the wrongful denial of workers compensation benefits formed the basis of a Racketeer Influenced and Corrupt Organizations Act - RICO violation. A workers compensation claim is not the sort of lawsuit that normally leads to a RICO claim; however, this case may make others consider using RICO.
On the one hand, RICO is an attractive claim, because plaintiffs may be entitled to treble damages. On the other hand, proving a RICO is a challenge. The statute is complex statute, and to describe this case succinctly proved to be so difficult, it seemed best to urge those who are interested to read the case. Brown v. Cassens Transport Co., Case No.10-2334 (6th Cir. Apr.6, 2012)
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