3rd Circuit Appeal Challenges Judge's Outside Research In Bench Trial
National News
According to the New Jersey Law Journal, a federal appeals court has been asked to limit the right of judges to do their own research in bench trials, lest they be swayed by facts not before them.
US Magistrate Patty Shwartz in Newark, N.J., no-caused a medical malpractice claim after consulting published and unpublished cases -- not cited by the parties -- that dwelled on the type of injury the defendant doctor was accused of inflicting.
A three-judge panel of the 3rd US Circuit Court of Appeals affirmed the verdict, saying the research was for "informational" purposes only and was not the basis for Shwartz's decision.
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What Is Meant by ‘No-Fault’ Workers’ Compensation in Illinois?
If you were injured in a work-related accident and have been researching workers’ compensation, you may have seen it described as a “no-fault” system. One of the most important things to understand about the workers’ compensation system in Illinois is that it is based on a “no-fault” system. What does this mean, exactly?
Most employers in Illinois are required by law to have workers’ compensation insurance. And the workers' compensation in Illinois is a “no-fault” system, which means that any worker who has been hurt on the job is entitled to workers' compensation benefits. If you have been hurt on the job, you are entitled to workers’ compensation benefits no matter whose fault the accident was.
A no-fault insurance system, such as workers’ comp, works by paying claims regardless of who is to blame for an accident. This provides an important layer of protection for injured workers, sparing them from having to through additional litigation and the through the additional burden of proving who was at fault before receiving benefits.
In Illinois, even though you don’t have to prove that your injury was your employer’s fault, you do have to prove that your injury happened at work or as a result of work. If you would like help to file your workers' compensation claim, Krol, Bongiorno, & Given’s experienced workers' comp lawyers are here to help. With over 60 years of combined legal experience, the KBG law firm is a leader in the field of workers’ compensation law and we have earned the reputation as aggressive advocates for injured workers before the IWCC.