Brown, et al. v. Cassens Transport Co., et al.

Worker's Comp Claims as Civil RICO Claims

NCLC's Position

NCLC urged the Sixth Circuit to dismiss the Racketeer Influenced and Corrupt Organizations Act (RICO) claims of plaintiffs attempting to circumvent the administrative process for obtaining workers' compensation benefits. In its brief, NCLC argued that federal case law prohibits the use of RICO to resolve disputes that are entrusted to the exclusive jurisdiction of a regulatory agency. Workers' compensation disputes are a complex matter better left for expert administrative agencies, such as the Michigan Bureau of Workers' Compensation. NCLC warned that the misuse of RICO would undermine Michigan's regime for regulating workers' compensation awards. 

Case Outcome

This case has not been decided.

Procedural History

Amicus brief filed 3/24/11.

Case Documents