Close
Do not post libelous remarks. You are solely responsible for the postings you input. By posting here you agree to hold harmless and indemnify WorkCompCentral for any damages and actions your post may cause.
Feb 22, 2019 a 7:12 am PST
Seems to me that this will be subject to constitutional challenge. Retroactive liability seems so unfair but then again the two-year SOL on personal injuries was held to be retroactive. It will be interesting to see how this plays out, and whether the law will be challenged. Obviously, the "plaintiffs" are very sympathetic which is always an issue. Interesting legal issue.
Beth Harville
Feb 25, 2019 a 3:02 pm PST
I would think the excess carriers on the risk for the impacted agencies as of 1/1/20 might take exception to becoming liable for something that actually occurred 2+ years earlier. While these Counties and Cities are likely self-insured, they almost certainly have excess coverage who would be impacted by this after-the-fact law change.
2 Comments
Log in to post a comment
Feb 22, 2019 a 7:12 am PST
Seems to me that this will be subject to constitutional challenge. Retroactive liability seems so unfair but then again the two-year SOL on personal injuries was held to be retroactive. It will be interesting to see how this plays out, and whether the law will be challenged. Obviously, the "plaintiffs" are very sympathetic which is always an issue. Interesting legal issue.
Beth Harville Feb 25, 2019 a 3:02 pm PST
I would think the excess carriers on the risk for the impacted agencies as of 1/1/20 might take exception to becoming liable for something that actually occurred 2+ years earlier. While these Counties and Cities are likely self-insured, they almost certainly have excess coverage who would be impacted by this after-the-fact law change.