Workers' Compensation

Recent Posts

Georgia: Subrogated Comp Insurer is not Claimant’s Fiduciary
Posted on 27 Dec 2021 by Thomas A. Robinson

Despite the right of the workers’ compensation insurance carrier to “assert the employee’s cause of action in tort” under some circumstances [see OCGA § 34-9-11.1), the Georgia carrier owes no fiduciary duty to protect the... Read More

Illinois: Intervening Insurer is Not a Party to Injured Worker's Third-Party Tort Suit
Posted on 9 Dec 2020 by Thomas A. Robinson

Under section 5(b) of the Illinois Workers’ Compensation Act [820 ILCS 305/5(b)], an employer or insurer who intervenes in a civil action filed by the injured employee against a third-party is only allowed to play a limited role in such litigation... Read More

North Carolina: Employer Entitled to Lien on South Carolina UIM Proceeds
Posted on 21 Feb 2019 by Thomas A. Robinson

A North Carolina appellate court held that the state’s Industrial Commission correctly concluded that an employer and its insurer could, pursuant to N.C. Gen. Stat. § 97-10.2(f) (2017), assert a subrogation lien for workers' compensation... Read More

Tennessee: No Subrogation Lien for Nurse Case Management Expenses
Posted on 21 Feb 2019 by Thomas A. Robinson

A Tennessee employer’s subrogation lien does not include expenses related to nurse case management, held a Tennessee appellate court. Observing that the management services tended to benefit the employer, not the employee, the Court was also unconvinced... 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