Daily Archives: January 8, 2021

Affirmative Defenses Waived

Posted on January 8, 2021 by Camron Hoorfar

Exhaustion of administrative remedies does not relate to circuit court’s subject matter jurisdiction, and is not an element of any claim, so the failure to exhaust administrative remedies is an affirmative defense. Any defense must appear in a responsive pleading, … Continue reading →

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Crash Was a Driving Accident, Not a Breakfast Accident

Posted on January 8, 2021 by Camron Hoorfar

Statute bars compensation for injury resulting from “risk unrelated to the employment to which workers would have been equally exposed outside of and unrelated to the employment in normal nonemployment life.” Risk means activity. That exclusion, like all workers’ compensation … Continue reading →

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