WASHINGTON - The United States Supreme Court has declined to review a controversial appeals court decision that if successful, will allow Workers' Compensation claimants to sue an employer and its third-party administrator under the federal racketeering statutes.

The Supreme Court declined to review the case, letting stand an October ruling by the 6th U.S. Circuit Court of Appeals in Paul Brown et al. vs. Cassens Transport Co. et al. that several employees could pursue their lawsuit alleging mail and wire fraud violations of the federal Racketeer Influenced and Corrupt Organizations Act against their employer, its third-party administrator and it's physician.

Their allegations against self-insured Cassens Transport, based in Edwardsville, Ill., stemmed from the denial of their claims. The group alleges that Cassens Transport and Crawford & Co. used unqualified doctors to give fraudulent medical opinions supporting denial of their Workers' Compensation claims. The workers also allege the company, the Third Party Administrator and their Doc-In-The Box doctors committed mail and wire fraud in their communications.

Attorneys and employer groups have criticized the appeals court decision, arguing among other things that it provides an avenue for federal courts to rule on Workers' Comp claims decisions and that the ruling will raise costs. Maybe this will finally be the legal solution for so many injured workers where the employers and insurers have relied on the "Exclusive Remedy" doctrines as an umbrella to shield them from civil prosecutions for so many years!

The case now returns to a lower court for trial.