Every case in workers’ compensation is subject to defenses that act to negate the case and cause the plaintiff to lose in whole or in part. There are many defenses and they all vary, so much so that not all are available in every jurisdiction.
As a paralegal, ask yourself the following questions:
There are differences between affirmative defenses and those that attack the prima facie case.
What is an affirmative defense? What does it mean to attack the prima facie case?
You represent the employer, Explorer Air, in the case of Pat Greene. Your lawyer asks for an analysis of the defenses that he or she can raise to defeat Greene’s claim. Draft a 400-word legal memorandum/memo to your lawyer analyzing the available defenses, the counterarguments the claimant can make, and which defenses (if any) are likely to succeed. Cite relevant Illinois statutes, regulations, and case law to support your argument.
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