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

Four Reasons to Avoid the CMS Approval Process for MSAs
Posted on 1 Feb 2012 by Teddy Snyder

By Teddy Snyder, Esq., Ringler Associates - Beverly Hills, CA 1. MMSEA reporting makes approval unnecessary for Medicare beneficiaries. Reporting under the Medicare, Medicaid and S-Chip Extension Act, aka “section 111 reporting”, started... Read More

MSP Compliance and the Late, Great Jerry Garcia
Posted on 27 Sep 2011 by Robin E. Kobayashi

This year marks the 10th anniversary of the Patel Memo , the memo that launched the Medicare Secondary Payer industry. We are forced to look back over the past decade and recognize just how far we have come. As the late, great Jerry Garcia would say... Read More

Pennsylvania: Waiver of Future Subrogation Rights Must Be Clear and Explicit
Posted on 3 Apr 2015 by Larson's Spotlight

Where the employer joined into a third-party settlement agreement that stated the employer agreed to a payment of a sum certain “in full satisfaction of the defendant/employer’s (and its workers’ compensation insurance carrier’s... Read More

Missouri: Commission Exceeded Authority in Ordering Subrogation Payment
Posted on 10 Apr 2015 by Larson's Spotlight

A Missouri appellate court held that the state’s Industrial Relations Commission’s power to order an employee (and his spouse) to repay some $41,000 in medical benefits following the successful settlement of a third-party civil action for... Read More

Missouri: Court Takes Away a Subrogation Credit
Posted on 10 Apr 2015 by Martin Klug

The Commission went too far to resolve a subrogation dispute after a third party settlement and violated due process of the claimant’s spouse when she was not a party to the comp claim. Graham v. Latco Contractors , 2015 MO App. Lexis 379 (lexis... 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

Wisconsin: Trial Court Can Compel Injured Employee to Accept Settlement of Third-Party Civil Action
Posted on 25 Jul 2014 by Larson's Spotlight

The Supreme Court of Wisconsin affirmed a decision compelling a plaintiff/injured employee to accept a settlement offered in a third-party civil action he had filed against an alleged tortfeasor. The employee, who worked for the Village of Fontana, had... 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

Idaho: Negligent Employer is Not Entitled to Subrogation Rights Involving Employee’s Third-Party Tort Claim
Posted on 6 Jan 2017 by Thomas A. Robinson

Idaho’s 1987 adoption of comparative negligence [see Idaho Code § 6–801] and the abrogation of joint and several liability did not affect the rule established in Liberty Mutual Insurance Company v. Adams , 91 Idaho 151, 417 P.2d 417 ... 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

Montana: Oklahoma Employer May Not Intervene to Recover its Lien Until Worker is Made Whole
Posted on 13 Oct 2016 by Thomas A. Robinson

Relying upon § 90 of the Restatement (Second) Conflict of Laws, a divided Supreme Court of Montana held that because of the strong public policy against subrogation in the state, courts in Montana will not entertain actions involving workers’... Read More

OK: Oklahoma Law Prohibiting Subrogation for Death Benefits Controls for Fatal Texas Accident
Posted on 25 Oct 2013 by Larson's Spotlight

Under the provisions of 85 O.S.Supp.2005, § 44(b), applicable on the date the deceased worker, a resident of Oklahoma, was killed in a work-related accident while working in Texas, neither the employer nor the carrier had the right of subrogation... Read More

Five Recent Workers’ Comp Cases You Should Know About (9/9/2011) - Worker Fails to Show Wage Loss, Asbestosis Claim Fails
Posted on 9 Sep 2011 by Larson's Spotlight

Larson's Spotlight on Asbestosis, Subrogation, Joint Employee, Pension, and Intentional Misrepresentation . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More