Concentra Denied a Protective Order in Wal-Mart RICO Lawsuit

Concentra was denied a protective order in a pending Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961, et seq. claim filed in Federal Court in Colorado. The plaintiffs allege that Wal-Mart withheld, delayed, denied and dictated treatment to Wal-Mart workers who filed workers' compensation claim.

In the case, Concentra, a health care company, sought to prohibit plaintiff's attorneys from contacting any Concentra Medical Staff member, former or current, on an ex-parte basis. The Court denied the request.

Gianzero v. Wal-Mart Stores, Inc., 2011 WL 1740624 (D. Colo. 2011) Decided May 5, 2011.

Related articles

• Colorado Court Allows RICO Case to Proceed Against Wal-Mart (workers-compensation.blogspot.com)
• RICO Issues Can Be Cured With A Single Payer Medical System (workers-compensation.blogspot.com)
• Worker's Comp, Walker, and Wisconsin's Wailing (workers-compensation.blogspot.com)
• Missouri Mulls More Work Comp Reform (workers-compensation.blogspot.com)
• Texas Disallows Work Comp Retaliation Suits Against State Based on Sovereign Immunity (workers-compensation.blogspot.com)

RICO Case Dismissed By Trial Court After US Supreme Court Decision

A Federal District Court in Michigan has dismissed a RICO [Racketeer Influenced and Corrupt Organizations Act] claim against Cassens Transportation Company and several other defendants. This is the third time the case was negatively reviewed by the US District Court in Michigan and follows a landmark decision in the US Supreme Court supporting the RICO action that flowed from an underlying  by a workers' compensation action.

"The Court concludes that Plaintiffs' exclusive remedy for their claim that they were fraudulently denied benefits under the WDCA [Workers' Disability Compensation Act] lies within the exclusive administrative scheme set forth in the WDCA which forcloses their RICO claim."

Brown v Cassens Transportation Company, et al. No. 04-cv-72316, 2010 WL 3842373, Decided Sept. 27, 2010.

Click here to read more about RICO claims and workers' compensation.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.