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

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

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

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

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