Workers' Compensation

Recent Posts

Arizona: Injured Worker May Not Use Post-Settlement Trial to Determine Level of Employer’s Fault in Order to Reduce Insurance Carrier’s Lien
Posted on 3 Aug 2018 by Thomas A. Robinson

In Arizona, as in virtually all other jurisdictions, an insurance carrier providing workers’ compensation benefits to an injured worker enjoys a lien on a claimant's (or a claimant's dependents') recovery from third persons who negligently... Read More

Texas: Comp Carrier May Not Rush in Through Back Door to Claim Lien on Settlement Proceeds
Posted on 15 Jun 2018 by Thomas A. Robinson

In Texas, as in most other states, an employer and/or workers’ compensation insurance carrier enjoy strong subrogation rights that allow recovery of the workers’ compensation outlay against third parties that may be responsible for all or... Read More

Pennsylvania: Employer Gets No Subrogation Rights for Recovery under State’s Motor Vehicle Responsibility Law
Posted on 1 Jun 2018 by Thomas A. Robinson

In Pennsylvania, as in most states, an employer or carrier who has paid out workers’ compensation benefits enjoys a strong statutory subrogation right in any third-party recovery that the injured worker may enjoy. The Supreme Court of Pennsylvania... Read More

Illinois: Employer’s Right to Workers’ Compensation Lien is Absolute
Posted on 18 May 2018 by Thomas A. Robinson

Under the plain language of 820 ILCS 305/5(b) (2016), an employer's right to reimbursement of the full amount of benefits paid or to be paid to the injured or deceased worker is absolute; it may not be diminished or, as in this case, strikes by a... Read More

Kansas: Widow’s Motion to Characterize Wrongful Death Recovery as Exempt from Subrogation Rules Found Barred
Posted on 13 Apr 2018 by Thomas A. Robinson

Where a surviving spouse of a worker killed in a work-related car accident filed a wrongful death action in a state court and joined a separate federal wrongful death action filed by her son, and the parties eventually settled the claim with the federal... Read More

Arizona: Comp Carrier’s Lien May Be Equitably Reduced Even When Worker’s Dependents Settle for Less than Policy Limits of Third-Party’s Coverage
Posted on 8 Sep 2017 by Thomas A. Robinson

Where an injured worker (or the worker’s dependents) have accepted workers’ compensation benefits and have further sought to recover over against one or more third parties that are responsible for the worker’s injuries, that worker—or... Read More

West Virginia: Insurer Has No Subrogation Interest Since Benefits “Paid” Under Policy Were Less than Employer’s Large Deductible
Posted on 16 Jun 2016 by Larson's Spotlight

Under the West Virginia subrogation statute [W. Va. Code § 23–2A–1], a party is entitled to a lien only to the extent that it has actually paid a sum of money. Accordingly, where a mining electrician suffered catastrophic injuries when... Read More

Massachusetts: Employer’s Subrogation Rights Do Not Extend to Worker’s Pain and Suffering Recovery
Posted on 19 Feb 2016 by Larson's Spotlight

The Supreme Judicial Court of Massachusetts held that while an employer is entitled to a lien on an employee’s recovery from a third party for work-related injuries under Mass. Gen. Laws ch. 152, § 15, the lien does not attach to damages paid... Read More

California: Somebody Else Did It! A Primer on Third Party Cases
Posted on 5 May 2011 by Howard Stevens

THIRD PARTY REMEDY The employee and employer each have an independent cause of action for damages against a negligent third party. Lab. Code § 3852 ; Buell v. CBS, Inc . (1982) 136 Cal. App. 3d 823, 825, 186 Cal. Rptr. 455 . The employee may... Read More